Creditors gain relief
Article Abstract:
The British Court of Appeal ruled holders of charging orders should be informed about forfeiture proceedings in order they may claim for relief. The case heard in the court concerned a lease which had a charging order in respect of debts of 234,000 pounds sterling. The landlord of the property was owed rent of around 650 pounds sterling and had been awarded possession of the lease despite the other creditors. The creditors became aware of the problem outside the period allowed for relief. The courts set aside the possession order which gave the creditors time to appeal for relief.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
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Informal enforcement
Article Abstract:
The UK Court of Appeal heard a case concerning a contract over some property which was not covered by the law of Property (Miscellaneous Provisions) Act 1989. The court decide to use proprietary estoppel and constructive trust to support an oral agreement between a builder and his financier. The court had agreed estoppel should not be used to support an arrangement which was outside section 2 of the Act. Section 2 calls for all contracts to be in writing. But due to the details of the case the judges were able to support the plaintiff.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
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Conditional discharge
Article Abstract:
A case heard in the UK Court of Appeal dealt with a conditional contract made for the purchase of a piece of land. The judge ruled past decisions made by the courts were not always applicable in every case dealing with contracts.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 2000
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