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Purchase and leaseback schemes – are they binding on a lender?

1 February 2012 | Jackie Hanlon Comments Off

This appeal concerned nine test cases involving purchase and leaseback schemes whereby owners of properties (“the Vendors”) had sold their homes to purchasers (“the Purchasers”), who had promised...

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Sale and leaseback schemes

30 December 2010 | Karen Jacobs Comments Off

The court was asked here to determine preliminary issues in 9 test cases concerning the controversial sale and lease back schemes. These schemes enabled the occupiers of property to sell their property...

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Overriding interests

18 November 2010 | Karen Jacobs Comments Off

This recent case considered whether a person who had an overriding interest can be taken to have authorised a charge and so be bound by it. Mrs Qutb had suffered from Alzheimer’s disease for a number...

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Bank takes subject to beneficial interest

17 December 2009 | Karen Jacobs

The court found that the bank took subject to the occupier's beneficial interest in the property as they failed to make inquiry of him.  Paragraph 2 of schedule 3 to the Land Registration Act 2002 provides...

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New case: Overriding interests

19 November 2009 | Steven Mills Comments Off

The question the court considered was whether the second defendant had an equity in relation to the property and, if so, whether the claimant’s charge took subject to that equity. The court held that...

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