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Alliance and Leicester Plc v Slayford and Another: CA 12 Oct 2000

Property was transferred into a divorcing husband’s name, and his new partner signed a form disclaiming any rights as against the lender. After possession proceedings, she later asserted that her consent had been obtained by the undue influence of her partner and that her equitable interest was an overriding one. The applicant applied to amend … Continue reading Alliance and Leicester Plc v Slayford and Another: CA 12 Oct 2000

W v M (TOLATA Proceedings: Anonymity): FD 25 Jun 2012

Proceedings in the Family Division were anonymised after the proceedings had been compromised, even though an earlier application for anonymity had been refused. Judges: Mostyn J Citations: [2012] EWHC 1679 (Fam) Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 14 Jurisdiction: England and Wales Cited by: Cited – XXX v Camden … Continue reading W v M (TOLATA Proceedings: Anonymity): FD 25 Jun 2012

Aldoukhi v Abdullah: FD 18 Nov 2021

Judges: Mr Justice Moor Citations: [2021] EWHC 3086 (Fam) Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996, Matrimonial and Family Proceedings Act 1984 Part III Jurisdiction: England and Wales Family, Trusts Updated: 03 February 2022; Ref: scu.669920

Reiner and Another v Triplark Ltd: UTLC 6 Jan 2017

UTLC LANDLORD AND TENANT – covenants — Commonhold and Leasehold Reform Act 2002 s.168(4) — alleged breach of covenant against parting with possession without consent — completion of sale of flat by execution of transfer of registered underlease and payment of price — assignee not yet registered as proprietor at Land Registry — whether a … Continue reading Reiner and Another v Triplark Ltd: UTLC 6 Jan 2017

Rossi v Rossi: FD 26 Jun 2006

W sought to challenge transactions entered into by H anticipating ancillary relief proceedings on their divorce. Nicholas Mostyn QC J said: ‘While of course no rigid rule can be expressed for the infinite variety of facts that arise in ancillary relief cases, I would have thought, generally speaking, that it would be very difficult for … Continue reading Rossi v Rossi: FD 26 Jun 2006

Alexander-David v London Borough of Hammersmith and Fulham: CA 1 Apr 2009

The authority was required to provide housing to the minor applicant, but she was too young to hold a legal estate. An equitable lease had been created, and she now appealed against an order for possession having broken the terms of the agreement, saying that the authority was in practice trustee for the tenant, and … Continue reading Alexander-David v London Borough of Hammersmith and Fulham: CA 1 Apr 2009

Miller Smith v Miller Smith: CA 2 Dec 2009

The married couple owned a property as tenants in common. The husband had moved out and, anticipating divorce proceedings, sought an order for the sale of the house citing his inability to sustain the very considerable mortgage payments. The wife said that it was inappropriate to use the 1996 Act when divorce proceedings were anticipated. … Continue reading Miller Smith v Miller Smith: CA 2 Dec 2009

Jones v Kernott: ChD 10 Jul 2009

The couple were unmarried but had bought a property in joint names. Ms Jones had contributed the overwhelming share of the purchase price, and had paid all outgoings after Mr Kernott left several years ago. The County court judge had awarded J 90%, . .

Collier v Tugwell: CA 22 Jan 1999

The parties were joint owners as tenants in common in equity of land. Each appealed orders with regard to its sale, and the division of the proceeds. The parties had bought the property intending to cohabit. They had contributed unevenly, and the . .

Stack v Dowden: CA 13 Jul 2005

The parties purchased a property together. The transfer contained a survivorship restriction but no declaration of the beneficial interests. The judge had held the property to be held as tenants in commn on equal shares.
Held: In a case where . .

Acts

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Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010

The court was asked whether, as second mortgagee on the defendant’s properties, the claimant agency had the equitable power of marshalling of prior charges. The first chargee had charges over two properties, and sold the first, satisfying it debt, but leaving the Agency with no effective return. The bank’s same debts had also been secured … Continue reading Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010

DEG-Deutsche Investitions und Entwicklungsgesellschaft mbH v Koshy and Other (No 3); Gwembe Valley Development Co Ltd (in receivership) v Same (No 3): CA 28 Jul 2003

The company sought to recover damages from a director who had acted dishonestly, by concealing a financial interest in a different company which had made loans to the claimant company. He replied that the claim was out of time. At first instance the first defendant had been found dishonest through non-disclosure, and that section 21 … Continue reading DEG-Deutsche Investitions und Entwicklungsgesellschaft mbH v Koshy and Other (No 3); Gwembe Valley Development Co Ltd (in receivership) v Same (No 3): CA 28 Jul 2003