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 those of, for example, children living in the house. This might act to the detriment of banks, and the old authorities, whilst not entirely irrelevant, should be viewed with caution. Where the parties have reached a consensus on the beneficial interests in the property, the court will give effect to it, unless there is very good reason for not doing so, such as a subsequent renegotiation.
Neuberger J
Gazette 16-Mar-2000, Times 21-Mar-2000, [2000] 1 FLR 973, [2001] Ch 743, [2000] EWHC Ch 452
Bailii
Trusts of Land and Appointment of Trustees Act 1996 14 15, Law of Property Act 1925 30
Cited by:
CitedStack 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 . .
[2006] 1 FLR 254, [2005] EWCA Civ 857
CitedStack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
[2007] 2 WLR 831, [2007] UKHL 17, [2007] 2 All ER 929, [2007] 2 WLR 831, [2007] AC 432, Times 26-Apr-07, [2007] 1 FLR 1858, [2007] BPIR 913, [2007] Fam Law 593, [2007] 2 FCR 280, [2007] 18 EG 153, (2006-07) 9 ITELR 815, [2007] WTLR 1053

These lists may be incomplete.
Updated: 18 December 2020; Ref: scu.83867