By the custom of their business, auctioneers1 have a lien2 on goods entrusted to them for sale and on the deposit and purchase money for their charges and remuneration3. They also have a lien on documents of title to land. The lien not only entitles the auctioneer to retain the goods against claims by the principal seller, but also allows him to resist claims to the goods made by the buyer in support of his rights against the seller, and he will not in that situation be susceptible to a claim in tort for wrongful interference with goods4
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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