The standard order for sale requires the defendant to deliver possession of the property to the claimant by a certain date. A possession order can be enforced by a warrant of possession, entitling the bailiff to evict anyone found on the premises, whether they were parties to the judgment or not: see R v Wandsworth county court ex parte Wandsworth London Borough Council and Enforcement of possession orders: Claims to the Possession of Land [G1.48]. Therefore in a normal case it is not necessary to separately take possession proceedings against other occupiers. If, unusually, certain occupiers (in this case, tenants) have been excluded from the effect of the possession order, the mortgagee will need to obtain possession from them (or sell the property as an investment

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

It will depend on whether the equitable chargee and/or the purchaser are entitled to their monies from the proceeds of sale. This will depend on the validity of the equitable charge and the entitlement of the purchaser to the deposit and whether there is a lien

Enforcement options for a residential mortgage In order to establish whether the security document has created a valid residential mortgage, and what the enforcement options available are, it will be necessary to check the terms of the security document that has been entered into. This document should clearly set out how security can be enforced and the steps that need to be taken. For these purposes, it will be the security document rather than the loan agreement which is relevant. See: Types of security—overview and Practice Notes: Mortgages and land—an introduction to mortgages and legal charges over land and Mortgages. For information on how a lender can satisfy

Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate are separate. The legal estate must be held by the co-owners as joint tenants. The beneficial interest is held either as joint tenants or tenants in common. See Practice Note: Establishing a beneficial interest (joint ownership). There are two ways in which the mother and son could be co-owners, either as joint tenants or as tenants in common. If they are joint tenants, then each tenant has an indivisible share in the property and each is entitled to the whole of the property. Any dealing with the land, such as sale, requires all the joint tenants to participate in the transaction.

A parent may change a child’s forename by enrolling the new name with the Royal Courts of Justice and lodging a notice with the London Gazette. The appropriate forms can be found here, and the fee is £36. Completed forms should be sent to the Queen’s Bench Division (Queen’s Bench Division, Enforcement Section, Room E15, The Royal Courts of Justice, Strand, London, WC2A 2LL). If both parents have parental responsibility then both will need to sign the change of forename form and have their signatures witnessed, or if a parent who has parental responsibility does not consent to the change of forename then the other parent will need to apply to the court for an order allowing the name to be changed. If, as in the scenario of this Q&A, only one parent has parental responsibility

Property analysis: Jennie Graham (Knowledge Lawyer Director), Colette Brimble (Senior Knowledge Lawyer), Emma Moscoso (Senior Knowledge Lawyer), Sue Thompson (Associate Director) and Rebecca Francis (Partner) of Osborne Clarke examine the Leasehold and Freehold Reform Act.

What is the ISDA Schedule? The International Swaps and Derivatives Association (ISDA) documentation framework involves layers of documentation (often referred to as the ISDA documentation architecture). The key layers of the documentation for a trade under the ISDA documentation framework are: • master agreement • schedule to the master agreement • credit support documents, and • confirmation The ISDA master agreement is a pre-printed umbrella document which includes the boilerplate provisions. The schedule supplements and amends the master agreement, as required by the parties. It allows the provisions of the master agreement to be tailored to the particular needs of the parties, by inserting amendments to the provisions of the master agreement or including additional or alternative provisions. The schedule is the part of the ISDA master agreement that is negotiated by the parties. The majority of protection comes from the master agreement itself. If transactions are entered into before the schedule is negotiated and agreed, it should be specified in the confirmation that a deemed master agreement has been entered

Ireland—Commercial analysis: This article, was written by Richard Ryan, Patrick Horan & Simon Breen of Arthur Cox LLP.

Law360, Expert analysis: On 6 December 2022, the Financial Conduct Authority (FCA) published the consultation paper 'Introducing a gateway for firms who approve financial promotions'. Gavin Punia, partner at Bird & Bird, explores the effect and relevance of this consultation in further depth.

Family analysis: The Court of Appeal’s departure in Sharp v Sharp from the sharing principle creates more questions than it answers, say Joanne Edwards, partner, and Dickon Ceadel, associate, of Forsters.

Section 3(7) of the Land Registration Act 2002 (LRA 2002) provides that where a tenant holds a lease in possession and has been granted another lease of the same land to take effect in possession within one month of the expiry of the first lease, the two leases are treated as creating a single continuous term for the purposes of the LRA 2002, s 3.