By Shirley Lewald, Solicitor Advocate Higher Rights (Civil and Criminal Courts), MSc (Psych), PGDip (SocSc), PGCPSE, LLB (Hons). The interesting and important nature of a ‘void’ order of a Court is not fully understood and appreciated in England and this article is written to assist the understanding of a ‘void’ order and to assist legal […]

All England Law Reports/1956/Volume 1 /Lazarus Estates Ltd v Beasley – [1956] 1 All ER 341   [1956] 1 All ER 341   Lazarus Estates Ltd v Beasley     COURT OF APPEAL   DENNING, MORRIS AND PARKER LJJ     12, 13, 24 JANUARY 1956   Rent Restriction – Repairs increase – Landlord’s declaration […]

Garguilo v Jon Howard Gershinson & Anr [2012] EWLandRA 2011_0377 (06 January 2012) We are pleased to welcome solicitor and partner Anis Waiz of Mohindra Maini LLP as he continues his critical review of current case law. Here, Anis examines Garguilo v Jon Howard Gershinson (2) Louisa Brooks Joint Fixed Charge Receivers of Desmond Daniel […]

Neutral Citation Number: [2008] EWHC 2721 (Admin) Case No: CO/936/2008 IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION ADMINISTRATIVE COURT Royal Courts of Justice Strand, London, WC2A 2LL 13/11/2008 B e f o r e : THE HONOURABLE MR JUSTICE UNDERHILL ____________________ Between: The Queen on the Application of (1) Mercury Tax Group Limited […]

Law of Property (Miscellaneous Provisions) Act 1989 The Section 1(3) Argument and the Estoppel Issue Section 1 (3) of the Law of Property (Miscellaneous Provisions) Act 1989 provides  that: “An instrument is validly executed as a deed by an individual if, and only if, (a) it is signed – (i) by him in the presence […]

UNITED BANK OF KUWAIT V SAHIB & OTHERS (1996) Times, 13 February Deposit of deeds does not create charge COURT OF APPEAL Published 13 February, 1996 Before Lord Justice Leggatt, Lord Justice Peter Gibson and Lord Justice Phillips Judgment February 2, 1996 Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, which provided […]

BLUNDELL LECTURES – 34TH ANNUAL SERIES THE ENFORCEABILITY AND UNENFORCEABILITY OF CHARGES OVER LAND – PART I HAVE I GOT A CHARGE? Introduction 1. The overriding theme of this year’s Blundell Lectures is dictated by the economy. Do I have to pay? Can I get out of paying? Can I sue the guarantor? These are […]

Extracts from Halsbury’s Laws of England, widely regarded within the legal profession as ‘the bible of English Law’. 701. Types. The concept of lien in the simple sense of a legal right to keep possession of property until a claim has been met and has been extended to cover a number of analogous rights. Liens […]

The following is a series of extracts from Paget’s Laws of Banking, 1904. SECURITIES FOR ADVANCES The Banker’s Lien APART from any special security, the banker can look to his general lien as a protection against loss on loan or overdraft. The general lien of bankers is part of the law merchant and judicially recognised […]

Contrary to every day usage of bills of exchange, all money is debt.Since all forms of legal currency since the abolition of the gold and silver standards are nothing more than a promise to pay the bearer the value of the pledge, as evidenced by every bank note currently in public circulation, it is easy […]

“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.” Alfred Thompson “Tom” Denning, 23 January 1899 – 5 March 1999. Over the course of the last four years I have watched the […]