Scott v Southern Pacific Mortgages Limited & ors [2014] UKSC 52
Wills & Trusts Law Reports | July/August 2015 #151The appeal arose from one of what were originally ten test cases in which the defendant home owners (the vendors) were persuaded to sell their properties to purchasers (the purchasers) who promised the vendors the right to remain in their homes after the sale. The purchasers bought the homes with the assistance of mortgages from lenders (the lenders), who were not given notice of the promises to the vendors. Neither the rights of occupation promised by the purchasers to the vendors nor the tenancies granted by the purchasers were permitted by the lenders’ mortgage. Exchange of contracts ...
Hughmans Solicitors v Central Stream Services Ltd & anr [2012] EWHC 1222 (Ch)
Wills & Trusts Law Reports | November 2012 #124Hughmans Solicitors (Hughmans) made an application against Central Stream Services Ltd (in liquidation) (the company) and its liquidator for an order for payment of £19,000 from the proceeds of sale of 3 Tisdal Place, London (the property). Hughmans claimed to be entitled to the payment on the basis of a judgment debt secured by a final charging order against the property.
The respondents claimed a prior secured right to the whole of the sale proceeds arising from the contractual terms of the schedule to a Tomlin Order dated 13 June 2008 (the schedule) made in compromise of procee...