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Legal history in court: lessons from Mexfield and Southward

Legal history in court: lessons from Mexfield and Southward
Legal history in court: lessons from Mexfield and Southward
Examines recent judicial consideration of the Supreme Court judgments in Mexfield Housing Co-operative Ltd v Berrisford and determines the true ratio of Mexfield. Demonstrates that the Supreme Court's acceptance of an alleged ancient rule, that an agreement for a tenancy for an uncertain term 'automatically' gives rise to a tenancy for life, was obiter, and that there never was any such rule. Calls for judicial reconsideration of Prudential Assurance Co Ltd v London Residuary Body, and highlights the need for more work on the history of land law in the 19th and 20th centuries.
0010-8200
286-302
Roche, Juanita
08f153e2-2ff8-4134-bb23-049b157c06fc
Roche, Juanita
08f153e2-2ff8-4134-bb23-049b157c06fc

Roche, Juanita (2016) Legal history in court: lessons from Mexfield and Southward. Conveyancer and Property Lawyer, 80 (4), 286-302.

Record type: Article

Abstract

Examines recent judicial consideration of the Supreme Court judgments in Mexfield Housing Co-operative Ltd v Berrisford and determines the true ratio of Mexfield. Demonstrates that the Supreme Court's acceptance of an alleged ancient rule, that an agreement for a tenancy for an uncertain term 'automatically' gives rise to a tenancy for life, was obiter, and that there never was any such rule. Calls for judicial reconsideration of Prudential Assurance Co Ltd v London Residuary Body, and highlights the need for more work on the history of land law in the 19th and 20th centuries.

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Published date: 2016

Identifiers

Local EPrints ID: 429087
URI: http://eprints.soton.ac.uk/id/eprint/429087
ISSN: 0010-8200
PURE UUID: 9cc04933-65b3-4a96-a3a2-96a6cb31b460
ORCID for Juanita Roche: ORCID iD orcid.org/0000-0002-9682-3129

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Date deposited: 20 Mar 2019 17:30
Last modified: 01 Oct 2019 00:21

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Author: Juanita Roche ORCID iD

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