The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:
By section 104 of the Law of Property Act 1925 (LPA 1925), a mortgagee exercising a power of sale may convey the property sold free from all estate, interests and rights to which the mortgage has priority, but subject to all estates, interests and rights which have priority to the mortgage. By LPA 1925, s 105 the proceeds of sale (after the costs of meeting any prior incumbrance, the costs of sale and discharge of the mortgage), are held on trust to be paid to the person entitled to the mortgaged property, which will be the successive encumbrancer (if any) in accordance with their priority.
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Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand. For further guidance, see Practice Note:
RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,
Enforcing a warrant of controlThis Practice Note has been produced by enforcement specialists, The Sheriffs Office. It guides users through the process of enforcing a warrant of control obtained from the County Court as a method of enforcing a money judgment; whereby the judgment creditor takes
Derivative claim—what it is and when to use itA guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action) is a claim brought or continued by a shareholder on behalf of the company in relation to a breach of
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