NettetConsiders the operation of Schedule 3 para 2 both in terms of its application and definition. Particular focus is given to the concept of actual occupation and the flexibility in interpreting what it means, guided by a discussion of the decisions in the cases of Thompson v Foy [2009] and Link Lending Ltd v Bustard [2010]. NettetQ the case of Link Lending v Bustard, Mrs Bustard was sectioned under a mental health act which meant she could not continuously live at her house, of which she was the …
(PDF) A critical examination into the test for actual …
NettetOn 26 November 2004 the second defendant, the registered owner of a property, had transferred it to the first defendant who had raised a mortgage loan of £100,000 from a … The panel concurred with Mummery LJ's judgment. He upheld the judge's decision in law and in fact. Bustard was "in actual occupation" because of her persistent intention to return home, evidenced by regular visits to the property. 14. In short, what mattered, in the view of the judge, was the combined manifestation of her occupation, her continuing intention to occupy and the reason that prevented her from living at h… boucher used
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NettetStudy with Quizlet and memorize flashcards containing terms like What is a disposition of land?, Rights in rem are all capable of binding disponees, but what Statute do we have to look at to find out if certain rights in rem do bind disponees?, what is … NettetLink Lending Ltd v Bustard [2010] EWCA Civ 424. Chaudhary v Yavuz [2012] 2 All ER 418. Mortgage Express v Lambert [2024] Ch 93. Baker v Craggs [2024] EWCA Civ … NettetICLR: Appeal Cases. 1. [65] Abbey National Building Society v Cann [1991] 1 AC 56. ICLR: Appeal Cases. 1. [66] ... Link Lending v Bustard [2010] EWCA Civ 424. [113] Lloyds Bank v Rosset [1989] Ch 350. ICLR: Chancery Division. [114] Mexfield Housing Co-operative Ltd v Berrisford [2011] 3 WLR 1091. boucher\u0027s good books