Legal charge
-
Complex and expensive process to rectify internal process error
Rectification of an internal process error which discharged more than 5,000 registered…
-
Investors entitled to register restriction to prevent breach of contract
Breach of a term of an agreement that land will not be disposed of before legal charges to secure…
-
A legal charge was valid and the lender was entitled to an order for sale
A trust is not a legal person, and has no legal identity and/or capacity to contract…
-
What is the meaning of the term “further advance” in relation to loan facilities secured by a mortgage?
“Tacking” describes the means by which a lender, with a charge securing an original advance, is able to use its charge to secure a further advance and obtain priority for…
-
Banks depart from the requirements laid down in Etridge at their peril
Royal Bank of Scotland v Etridge (No.2) [2001] UKHL 44; [2001] PLSCS 216 lists the obligations of lenders and solicitors if a guarantor is providing security for the borrowing of…
-
Hakmi v Hakmi and others
Legal charge – Illegality – Sham – Disputes arising in connection with property owned by three brothers and development project work in Dubai involving two of them – Claimant brother…
-
Hakmi v Hakmi and others
JUDGMENT: APPROVED BY THE COURT FOR HANDING DOWN (SUBJECT TO EDITORIAL CORREC-TIONS). MR N STRAUSS QC (Sitting as a Deputy Judge of the High Court): .
-
Re Black Ant Company Ltd (in administration) and another company; Urban Ventures Ltd v Thomas and others
Legal charge – Priority – Sections 48-50 of the Land Registration Act 2002 – First defendant joint administrators dealing with properties owned by companies in administration –Second defendant and claimant…
-
Re Parkins
Insolvency Legal charge
-
Re Parkins
Insolvency – Bankrupt’s estate – Legal charge – Section 313(1) of the Insolvency Act 1986 – Claimant trustee in bankruptcy applying for charge over property of defendant bankrupt on basis…
-
Earp (as trustee in bankruptcy) v Kurd and another
Legal charge – Illegality – Sham – Claimant applying for declaration that property vested in him as trustee in bankruptcy – Defendants stating property subject to legal change – Claimant…