Search Results for: Trusts of Land and Appointment of Trustees Act 1996 15

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Chief Adjudication Officer and Another v Palfrey; Same v Dowell, Same v McDonnell: CA 17 Feb 1995

Property was acquired by joint owners to provide accommodation for both joint owners. That purpose would be defeated if one of those acquiring the property were to insist on a sale while that purpose was still subsisting. The value of a joint interest in a house when calculating benefits entitlement was the market value of … Continue reading Chief Adjudication Officer and Another v Palfrey; Same v Dowell, Same v McDonnell: CA 17 Feb 1995

Maunders v Evans: CA 15 Nov 2001

Renewed application for permission to appeal against order under the 1996 Act. Judges: Chadwick LJ Citations: [2001] EWCA Civ 1808 Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 14(2) Jurisdiction: England and Wales Trusts, Land Updated: 15 October 2022; Ref: scu.218545

Szepietowski v The National Crime Agency: SC 23 Oct 2013

S owned several propertie in charge to the bank, but the Agency said that each had been acquired with the proceeds of criminal activity. The parties had settled the claim by the grant of a second charge in favour of the Agency. However when that property was sold, the bank’s first charge (securing money also … Continue reading Szepietowski v The National Crime Agency: SC 23 Oct 2013

French v Barcham and Another: ChD 4 Jul 2008

The court was asked the extent to which a beneficial tenant in common who continues in occupation of a property following the bankruptcy of the other beneficial tenant in common ought to compensate the bankrupt’s estate for that continued occupation. Held: The 1996 Act did not provide an exhaustive regime for determining rights as between … Continue reading French v Barcham and Another: ChD 4 Jul 2008

Mortgage Corporation Ltd v Shaire and Another: ChD 25 Feb 2000

The claimant had an equitable charge over the property, and sought a possession order after failures to keep up repayments. The order was sought under the Act, and the claimants asserted that the conditions for the grant of possession were unchanged. Held: Parliament had clearly intended a change. The interests of a chargee ranked alongside … Continue reading Mortgage Corporation Ltd v Shaire and Another: ChD 25 Feb 2000

Notting Hill Housing Trust v Brackley and Another: CA 24 Apr 2001

One of two joint tenants was able to give a notice to quit a joint periodic tenancy, without first referring to the co-tenant. If this was inappropriate, then it was for Parliament to change the law. Such a notice was not the exercise of a ‘function’ relating to the land within the Act, and accordingly … Continue reading Notting Hill Housing Trust v Brackley and Another: CA 24 Apr 2001

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

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