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The Co-operative: Good…with Money

A bank has been held liable for costs after it discontinued possession proceedings in respect of a mortgagor’s properties. Costs were awarded on the standard basis in accordance with CPR 38.6 and CPR 44.9. The court rejected the mortgagor’s application for the costs to be paid on the indemnity basis on the grounds that the proceedings had been an abuse of process.

Parcel Clause (Boundaries)

A conveyance gifting a plot of land contained a parcel clause that was unclear as to the boundaries. The Court of Appeal applied Liaquat Ali v Robert Lane [2006] EWCA Civ 1532 and used the subsequent conduct of one of the original parties to the conveyance as evidence of the parties’ intentions. (Norman and another v Sparling [2014] EWCA Civ 1152.)