Hughmans Solicitors v Central Stream Services Ltd & anr [2012] EWCA Civ 1720
March 2013 #127Hughmans Solicitors (Hughmans) appealed from the decision of Briggs J that a debt owed to Hughmans, secured by a charging order, did not enjoy priority over the rights of Central Stream Services Ltd (in liquidation) (the company) and its liquidator arising from a Tomlin Order.
Hughmans had applied for an order for payment of £19,000 from the proceeds of sale of 3 Tisdal Place, London (the property). Hughmans claimed to be entitled to the payment on the basis of a judgment debt secured by a final charging order against the property. The company and its liquidator claimed a prior s...
Trustees & anr v Capmark Bank [2011] EWCA Civ 380
October 2012 #123The appellants were the trustees of the Maylands Unit Trust (the trustees), a Jersey-based unit trust formed as a vehicle for the acquisition of warehouse premises in Hemel Hampstead (the property) by Cantabria Investments Ltd (Cantabria). The purchase price of the property was £28.1m, funded by £7.1m of Cantabria’s own resources and a £21m loan from Capmark Bank Europe (the bank) and secured on the property. The security was created by a deed of guarantee and debenture (the debenture) between the trustees and the bank. At the time of the purchase of the property it was subject to ...
Barrett v Bem & ors [2012] EWCA Civ 52
May 2012 #119Martin Lavin (the testator) died on 11 January 2004 in Hammersmith Hospital leaving a will in which he left everything to his sister Anne Liston whom he also appointed executor (the will). Anne died on 04 November 2004 having obtained probate of the will in June 2004. Her daughter, Hanora Bem was appointed her executor. Hanora wrote out the will at Hammersmith Hospital on the day of the testator’s death. The testator was alleged to have signed the will at approximately 3.30pm on the date of his death. It was purportedly witnessed by two staff nurses.
In May 2007, proceedings were ...