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What constitutes actual occupation?

Wragge & Co LLP
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United Kingdom
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May 19 2010

In Link Lending Ltd v Hussein and another, the Court of Appeal considered what constitutes actual occupation so as to defeat an application for a possession order

Negligent valuations and contributory negligence

Wragge & Co LLP
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United Kingdom
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February 28 2013

In Webb Resolutions Ltd v E.Surv Ltd claims for negligently valuing two properties (A and B) were brought against the defendant. The defendant acted

Make enquiries of occupiers

Wragge & Co LLP
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United Kingdom
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January 20 2010

A lender that does not make enquiries of persons known to be in occupation of a property runs the risk that such persons' interests in the property, if any, may override that of the lender

Two bites at the cherry

Wragge & Co LLP
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United Kingdom
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June 28 2012

Care needs to be taken when withdrawing proceedings where the intention is to bring the same claim at a later date

Cross claim scuppers demand

Wragge & Co LLP
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United Kingdom
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June 24 2009

Where a debtor's and guarantor's obligations are co-extensive and a statutory demand would be set aside as against the debtor, it would be unjust not to set a statutory demand aside as against the guarantor

Cause of action against Courts Service

Wragge & Co LLP
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United Kingdom
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October 21 2009

Where the Courts Service failed to notify the Land Registry of a bankruptcy petition with the effect that property was disposed of without a pending action having been registered, the trustee in bankruptcy had a right to claim damages