The courts have the power pursuant to the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) to declare the beneficial interests of parties in property. The beneficial interest in a property is the 'true' ownership, distinct from the 'paper' ownership of who is registered at HM Land Registry as the registered proprietor(s). Such claims are commonly seen where parties

We have assumed that the couple own the property as beneficial tenants in common. One issue to consider is the precise terms on which the trustees of the discretionary Will trust are to be given the power to allow the survivor to reside in the property. If the exercise of the trustee power is such as

It is assumed that A and B were the registered owners of the legal title to the property. Although the house was owned by A and B beneficially as tenants in common, the legal title was owned by them as joint tenants, so, following B's death, A is now the sole legal owner. A may

In the scenario of this Q&A, a party with a beneficial interest in a property (Party A) seeks to prevent the co-owner (Party B) from selling the property. It is open to Party B to sever the joint tenancy so that the parties are tenants in common, and to apply to the court for an order for sale and for a declaration as to the parties’ respective beneficial interests pursuant to section 14 of the Trusts

A claim to title by way of adverse possession in relation to unregistered land is governed by sections 15 of the Limitation Act 1980 (LA 1980), LA 1980, s 17, and LA 1980, Sch 1. In summary, the true owner of land who has been dispossessed by another person (‘the squatter’) has twelve years from the date on which they were dispossessed within which to bring an action to recover possession

Land charges are registered to protect the interests, in unregistered land, of a person who does not hold the title deeds and thus cannot physically control when and how the land is disposed of. Unlike registered land (where the interest is registered against the title of the affected land), land charges are registered against the name of the owner of the relevant estate in land at the time of registration. A class C(iii) ‘general equitable charge’ is a residuary category of equitable charges on land, and is defined in section 2(4)(iii) of the Land Charges Act 1972 (LCA 1972) (as amended by section 25(1) and paragraph 12(2) of Schedule 3 to the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)) as any equitable charge which: • is not secured by a deposit of documents relating to the legal estate affected • does not arise or affect an interest arising under a trust of land

It is assumed that: • no order has been made as to the payment of rent from the proceeds of sale • the consent given was not irrevocable Joint proceeds of sale should be held in the solicitor’s client account. Such an account is defined by section 87 of the Solicitors Act 1974 (SA 1974) as meaning an account subject to rules under SA 1974, s 32(1)(a). That section, in turn, provides for the Law Society to make rules 'as to the opening and keeping by solicitors of accounts at banks or with building societies for money within subsection (1A)'. In turn, SA 1974, s 32(1)(a) says that 'The money referred to in subsection

Restructuring & Insolvency analysis: The UK High Court recently approved a so called ‘credit bid’ in an application by the special administrators of Sova Capital Ltd (in special administration) (Sova) for a substantial portfolio of illiquid Russian securities. The transaction structure, involving the transfer of securities in exchange for the release of a £233m claim against the estate, is unprecedented in the UK where ‘credit bidding’ has no technical recognition. While it is not unusual for secured creditors to enter into a UK transaction with the economic effect of a ‘credit bid’, this is the first time such a structure has been used in relation to unsecured debt claims. Against a uniquely challenging back-drop of complex, evolving US, UK and Russian sanction regimes, the innovative structure will enable Sova to achieve materially higher recoveries for all its creditors than would otherwise have been possible. Written by Robert Peel, Oliver Humphrey and Tom Astle of Hogan Lovells LLP who acted for the joint special administrators of Sova.

Information Law analysis: The High Court of England and Wales struck out more than 400 claims made by police officers of Sussex Police against their pension administrator for breaches of data protection law and misuse of private information. The claims were struck out on the basis that they did not demonstrate a real prospect of success, resulting from a lack of evidence of damage and the absence of an act constituting misuse. The court held that for a compensation claim relating to a data breach, mere infringement of data protection obligations is not enough. Claimants must be able to demonstrate damage or distress. The court also considered, but did not conclusively rule on, whether a threshold of seriousness applies to non-material damage in data protection claims (as it does in the misuse of private information) in England and Wales. The court confirmed that the tort of misuse of private information requires a positive act or interference by a defendant to satisfy the element of misuse. An act which merely enables misuse to occur (eg sending a sealed letter to an unauthorised third party) is insufficient. Written by Marija Nonkovic, associate at Kemp IT Law.

What is anaerobic digestion? Anaerobic digestion (AD) is the creation of digestate and biogas (mainly methane), through the breakdown of an organic feedstock in the absence of oxygen by micro-organisms. This process occurs in an insulated sealed container, heated between 35°C and 55°C. Organic Feedstock Almost any biomass can be processed in AD, including food waste, energy crops, crop residues, slurry and manure. Biomass waste from wood cannot be used in AD because the micro-organisms cannot breakdown the lignin. Biogas Biogas is a mixture of methane (60%) and Carbon dioxide (40%) including traces of other contaminant gases. The exact composition depends on the type of feedstock being digested. Biogas can be refined into bio-methane, which can be combusted to provide heat, electricity or both. This is achieved by removing other gases and can be injected into the mains gas grid, burned for heat, generate power, or used as a road fuel. Digestate Digestate is made from left over indigestible material and dead micro-organisms. It contains valuable plant nutrients like nitrogen and potassium. It can be used as a fertiliser

The original cellular systems of the type used by Vodafone and Cellnet in the UK ie Total Access Communications System (TACS) and Extended Total Access Communications System (ETACS).

A telecommunication network in which information is conveyed as a continuously varying electronic signal (see also Digital network).