The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
A mortgagee in possession has the power pursuant to sections 101 and 103 of the Law of Property Act 1925 (LPA 1925) to sell a property, ordinarily after taking possession, though this statutory power can be excluded by agreement by the parties. Upon exercising the power of sale, the equitable right of the mortgagor to redeem is extinguished but the mortgagee becomes a trustee of the surplus proceeds of sale for the mortgagor and any other interested parties. If the statutory power of sale is exercised, LPA 1925, s 105 provides that the sale proceeds are to be applied: (a) to discharge any prior encumbrancers, if the s
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
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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