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24 June 2016 / Jonathan Fowles
Issue: 7704 / Categories: Features , Property
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A work in progress

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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 treated as a trustee if he seeks to act inconsistently

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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