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Oxley V Hiscock
is a widely-reported English land law and family law case, concerning cohabitants' constructive trusts and their quantification in a home's equity value. Facts Mrs Elayne Oxley had been living, renting in public housing in Page Close, Bean, near Dartford and under the Housing Act 1985 before leaving had lived there long enough to have the statutory right to buy. She quit the tenancy losing this valuable right, which on her own the court found she likely in a few years would have exercised. Instead she formed a new home with Mr Allan Hiscock, a First Iraq War soldier who had been captured in September 1987 at 35 Dickens Close. She paid 28%, he paid 48% of £25,200, a mortgage the balance. They both contributed to household expenditure, improvements, maintenance and paying off the mortgage. The parties fell out. Oxley claimed 50% of the proceeds. Hiscock claimed 22% to her would be appropriate taking into account also improvements he had made. At trial in the Bromley County Court, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estates Gazette
''EG (formerly Estates Gazette)'' is an established provider of data, news and analytics for the UK commercial property market. It was first published in 1858 and celebrated its 150th anniversary in 2008. In March 2008, ''Estates Gazette'' was announced as one of the top 500 "Business Superbrands" in the UK. In 1996, ''Estates Gazette'' launched its own online property news and research arm, EGi. In 1997, the group launched Propertylink, the UK's largest free-access commercial property availability search website. EG is part of a portfolio of brands that belongs to LexisNexis Risk Solutions LexisNexis Risk Solutions is a global data and analytics company that provides data and technology services, analytics, predictive insights and fraud prevention for a wide range of industries. It is headquartered in Alpharetta, Georgia (part of .... The publication hosts its own "EG Awards" annually, the show being held in London each year. References 1858 establishments in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Chadwick (judge)
Sir John Murray Chadwick PC (born 20 January 1941) is a retired English Lord Justice of Appeal. He also served as the President of the Court of Appeal of the Cayman Islands, and as a judge of the Dubai International Financial Centre court. Sir John was also standing Counsel to the DTI, and sat as a Judge of the Courts of Appeal of Jersey and Guernsey. He also works as an arbitrator. Biography He was born in Cheltenham to Hector George Chadwick and Margaret Corry Laing. He was educated at Rugby School and Magdalene College, Cambridge. He was called to the bar aged 25 in 1966 as a member of the Inner Temple; he became a Queen's Counsel in 1980. He was appointed as a High Court judge in 1991 and received the customary knighthood. He then sat in the Chancery Division for 6 years. He was promoted to the Court of Appeal in 1997, where he was appointed to the Privy Council. He retired from the English Court of Appeal in November 2007. Notable decisions Notable decisio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trust
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). Definition Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject to formality requirements. Unlike a resulting trust, which also arises by operation of law, a constructive trust does not give effect to the imputed/presumed intention of the parties. Instead, constructive trusts are largely said to be triggered by unconscionability. This is the idea that a defendant would be unjustly enriched if they were allowed to keep property for themselves ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Family Law
English family law concerns the law relating to family matters in England and Wales. Family law concerns a host of authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which the law works and to indicate the policy areas where improvements can be made. The UK is made up of three jurisdictions: Scotland, Northern Ireland, and England and Wales. Each has quite different systems of family law and courts. This article concerns only England and Wales. Family law encompasses divorce, adoption, wardship, child abduction and parental responsibility. It can either be public law or private law. Family law cases are heard in the Family Justice System of England and Wales in both county courts and family proceedings courts (magistrates' court), both of which operate under codes of Family Procedure Rules. There is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trusts
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). Definition Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject to formality requirements. Unlike a resulting trust, which also arises by operation of law, a constructive trust does not give effect to the imputed/presumed intention of the parties. Instead, constructive trusts are largely said to be triggered by unconscionability. This is the idea that a defendant would be unjustly enriched if they were allowed to keep property for themselves ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bean, Kent
Bean is a village and civil parish in the Borough of Dartford, Kent, England. It is located 4.4 miles south east of Dartford and 5.4 miles south west of Gravesend. The Area The parish is bounded on the north by the A2 road (the Roman Watling Street), and on the other three sides by ancient woodlands. It is the most recently formed of Kent parishes, although the village itself has been recorded since at least the 13th century. Bean was formerly part of the parish of Stone, but the boundary was such that it was connected to the rest of Stone by only a narrow neck of land at Watling Street (A2). In 1797 this part of the parish of Stone is described as having great tract of woodland which reached almost to Green Street Green, adjoining to Darenth parish. Along the northern boundary of these woods, runs the ancient Roman road to Rochester (now the A2) and not far from this road were the two small hamlets of Bean and Stonewood. On the hill above Green Street Green, among the woods, we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Buy
The Right to Buy scheme is a policy in the United Kingdom, with the exception of Scotland since 1 August 2016 and Wales from 26 January 2019, which gives secure tenants of councils and some housing associations the legal right to buy, at a large discount, the council house they are living in. There is also a Right to Acquire for assured tenants of housing association dwellings built with public subsidy after 1997, at a smaller discount. By 1997, over 1,700,000 dwellings in the UK had been sold under the scheme since its introduction in 1980, with the scheme being cited as one of the major factors in the drastic reduction in the amount of social housing in the UK, which has fallen from nearly 6.5 million units in 1979 to roughly 2 million units in 2017, while also being credited as the main driver of the 15% rise in home ownership, which rose from 55% of householders in 1979 to a peak of 71% in 2003; this figure has declined in England since the late 2000s to 63% in 2017. Right t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stack V Dowden
''Stack v Dowden'' 007UKHL 17is a leading English property law case from the House of Lords case concerning the division of interests in family property after the breakdown of a cohabitation relationship. Facts Mr Stack, a self-employed builder and decorator and then employee of Hammersmith and Fulham LBC, and Ms Dowden, an electrical engineer with the London Electricity Board, had cohabited for almost 18 years and had four children from 1986 to 1991. They then bought a house in 1993 at 114 Chatsworth Road, Willesden Green, London. The property was registered in both their names, but they had not said what their respective shares were on the Land Registry Form. Usually this meant a presumption that they would share equally in the home. However, the purchase was funded by selling a house that was in Ms Dowden’s sole name, her savings and a joint loan, so she had given 65% of the purchase price. Mr Stack had kept his finances separate, but was living in the previous house since ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abbott V Abbott
''Abbott v Abbott'' 007UKPC 53 was advice from the Privy Council on a case from the Court of Appeal of Antigua and Barbuda, that is relevant for English land law and concerns the nature of constructive trusts. Facts Mr. and Mrs. Abbott were in Antigua and Barbuda and were married. There the shares would still be determined by property law. Mr Abbott was the registered owner. Mr Abbott did not dispute that Mrs Abbott had a share, but disputed the amount. Judgment Baroness Hale, delivering the opinion of the Board, said the following. See also *English land law *English property law English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ... Notes {{reflist, 2 References * English land case law 2007 in Antigua and Barbuda 2007 in case law Judicial Committee of the Privy Counc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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