Telecom Plus plc v Hatch [2005] EWHC 1523 (Ch)

TOLATA 1996: Competing priorities

Mark Pawlowski examines the court’s discretionary power to order a sale of the family home at the suit of a secured creditor ‘The cases decided since the coming into force of TOLATA 1996 have continued to afford the interest of the creditor priority over the occupying spouse/partner, even in circumstances where the effect of the …

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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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