Legal charge
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Cherry Tree Investments Ltd v Landmain Ltd
Sale of land – Legal charge – Registration – Lender selling property to respondent under power of sale – Appellant proprietor resisting registration of freehold – Charge but not facility…
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Green (liquidator of Stealth Construction Ltd) v Ireland
Company – Liquidator – Legal charge — Respondent making loan to company towards purchase of property — Respondent requiring second charge over property as security for loan – Creditors winding…
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Green (liquidator of Stealth Construction Ltd) v Ireland
Property, Legal charge
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Brighton and Hove City Council v Audus
Legal charge, Validity
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Brighton and Hove City Council v Audus
Legal charge – Purchase of long lease of flat – First charge securing sum of premium for lease provided by defendant to aunt – Second charge held in defendant’s favour…
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Hardy and others v Fowle and another
Residential property – Family estate – Trust for sale – Defendants creating charge in favour of bank – Defendants occupying property – Defendants’ company charging property to bank to secure…
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Scottish & Newcastle plc v Lancashire Mortgage Corporation Ltd
Land registration – Priority of legal charges – Respondent taking first legal charge over property – Second charge taken by appellant being registered before first charge – Whether appellant estopped…
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Barclays Bank plc v Kingston and others
Sale of security under legal charge — Outstanding debt — Allegation of sale at undervalue — Effect on liability of guarantors — Whether creditor owing duty of care to guarantor…
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Credit & Mercantile plc v Marks
Principal legal charge over property securing loan to appellant — Sub-charge granted to bank — Whether grant of sub-charge removing entitlement to possession for default under principal charge — Appeal…
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Kinane v Mackie-Conteh and another
Loan — Security — Property — Claimant requiring equitable charge over property prior to grant of loan — First defendant signing security agreement — Whether agreement enforceable — Claim allowed
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Patel v Legal Services Commission
Neighbour dispute — Boundary — Claimant legally aided in damages claim — Award of nominal damages only — Claimant’s costs award overturned — Whether Legal Services Commission entitled to a…
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Warnborough Ltd v Garmite Ltd
Purchase of properties — Purchase price left outstanding but secured by charge — Purchaser granting option to repurchase to appellant vendor — Whether option void as clog on equity of…