Holman v Howes [2005] EWHC 2824 (Ch); [2007] EWCA Civ 877

Trusts Of Land: A creditor’s prerogative?

Mark Pawlowski reviews the court’s discretionary power to order a sale of the family home at the suit of a secured creditor ‘It has been argued that the court, in exercising its discretion under s15, must not make an order which would constitute a disproportionate interference with the right to private and family life and …

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Equitable Interests: Showing an interest

Michael Gouriet and Jemma Thomas report on the basis in which an interest in property may be secured by proprietary estoppel ‘The detriment suffered need not be financial but must be substantial, and must be judged at the point when the person who gave the assurance seeks to renege on it.’ Establishing an equitable interest …

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