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11 January 2013
Issue: 7543 / Categories: Case law , Law reports , In Court
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Equity—Beneficial interest—Land charge

Hughmans Solicitors v Central Stream Services Ltd (in liquidation) and others [2012] EWCA Civ 1720, [2012] All ER (D) 260 (Dec)

Court of Appeal, Civil Division, Ward, Hughes LJJ and David Richards J, 20 December 2012

A Tomlin Order directing the sale of a property and the payment of a fixed sum to a company may create a proprietary interest in the property in favour of that company.

Mark Warwick (instructed by Hughmans Solicitors) for the solicitors. Gary Cowen (instructed by Moon Beever) for the defendants.

The appellant was a firm of solicitors. It acted for D, who was the registered proprietor of a property. Proceedings were brought against D by the first respondent company. Those proceedings were compromised and a Tomlin Order was made. Under the Tomlin Order, the property was to be sold by D, and £100,000 of the proceeds were to be paid to the company. Following a dispute about unpaid fees, the solicitors brought their own proceedings against D. They obtained a charging order over the

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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