*/
Mortgage – Equitable interest. The judge had dismissed a claim by the defendant, W, to have an overriding interest enforceable against the claimant based on an entitlement in equity to ownership of a property and, by reason of such overriding interest, to be entitled to the proceeds of sale. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held, inter alia, that the judge had been right to hold that the defendant had been precluded, by operation of the principle in Brocklesby v Temperance Permanent Building Society and others ([1895-9] All ER Rep Ext 2099), from maintaining that he had a beneficial interest in relation to the property with potential to have priority over the security interest of the claimant and, hence, that he could not claim to have an overriding interest as against the claimant.
Mortgage – Equitable interest. The judge had dismissed a claim by the defendant, W, to have an overriding interest enforceable against the claimant based on an entitlement in equity to ownership of a property and, by reason of such overriding interest, to be entitled to the proceeds of sale. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held, inter alia, that the judge had been right to hold that the defendant had been precluded, by operation of the principle in Brocklesby v Temperance Permanent Building Society and others ([1895-9] All ER Rep Ext 2099), from maintaining that he had a beneficial interest in relation to the property with potential to have priority over the security interest of the claimant and, hence, that he could not claim to have an overriding interest as against the claimant.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts