A grantor cannot dispute the validity or effect of his own grant, and accordingly a mortgagor who has no legal estate at all1 is estopped at common law from denying that he had a legal title2. The estoppel binds the mortgagor and all persons claiming under him whether for value or not, other than a bona fide purchaser for value from the mortgagor without notice of the earlier transaction3. The title of the mortgagee does not prevail over the title of the true owner and the persons claiming under him; if, however, the mortgagor subsequently acquires the legal title
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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