Although the years since the fourth edition have seen relatively little legislation, there have
been large numbers of leading cases. One high-profile example in the human rights context
is Manchester City Council v Pinnock, in which the Supreme Court overruled no fewer than
three recent House of Lords decisions on the impact of Article 8. The previous edition saw
the inclusion of the House of Lords decision in Stack v Dowden, relating to ownership of
the family home. As the preface to the previous edition noted, it is ‘quite possibly a pointer
to a much changed approach to this difficult topic’. The new edition deals with the impact
of Stack as shown by the subsequent cases. Very recently, we have the decision of the
Supreme Court in Jones v Kernott. Though this may assist in the application of Stack in
joint names cases, considerable uncertainties remain. On the very same day as Jones v
Kernott was decided, we have the decision of the Supreme Court in a very different area:
how far must a lease have a certain maximum duration? Mexfield Housing Co-operative Ltd
v Berrisford may disappoint in that it does not challenge the old certainty rule, even though
the lease was held to be effective on its facts. The Law Commission has also been active,
with a comprehensive report on easements and freehold covenants.
Finally, this edition includes some suggested reading at the end of each chapter. It
should be mentioned that many chapters include extracts from writings. Where that is the
case, those writings are not included as suggested reading. They may still be well worth
reading in full!