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A work in progress

24 June 2016 / Jonathan Fowles
Issue: 7704 / Categories: Features , Property
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The Pallant v Morgan equity is a generator of uncertainty, says Jonathan Fowles

  • The Pallant v Morgan equity in its current form is arguably an unwelcome intrusion by equity into commercial affairs.
  • The High Court has recently confirmed that parties cannot exclude it simply by the use of the phrase “subject to contract”.

The precise scope and nature of the so-called Pallant v Morgan equity is still being worked out by the courts. A recent High Court decision ( Generator Developments LLP v Lidl [2016] EWHC 814 (Ch), [2016] All ER (D) 164 (Apr)) illustrates the uncertainty which the background threat of such an equity may cause in commercial transactions, and underscores the difficulty of setting its boundaries, even aside from debate as to its juridical justification.

Pre-requisites of the equity

The equity distinctively arises out of joint venture relationships in relation to the acquisition of real property. It depends on a pre-acquisition arrangement between the parties to the joint venture “which colours the subsequent acquisition by the defendant and leads to his being

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Gibson Dunn—London partner promotions

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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