Legal history in court: lessons from Mexfield and Southward

Juanita Roche

Research output: Contribution to journalArticlepeer-review

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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.
Original languageEnglish
Pages (from-to)286-302
JournalThe Conveyancer and Property Lawyer
Volume80
Issue number4
Publication statusPublished - 7 Nov 2016

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