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23 January 2015 / Nicholas Asprey
Issue: 7637 / Categories: Features , Property
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Harsh justice

Can an equitable interest in a house take priority over a legal charge? Nicholas Asprey reports

Take a simple case in which an elderly lady living on her own wishes to raise money for her old age. She owns the house in which she lives. A friend suggests that she sells the house to him and he will rent it back to her at a discounted rent. He assures her that she can remain living there for as long as she likes. The sale price is reduced accordingly.

The purchaser applies for a mortgage loan. He instructs solicitors, who also act for the lender. Other solicitors act for the vendor. The lender is told that the house is being purchased subject to an assured shorthold tenancy (AST) of six month’s duration, but is not told about the promise made to the vendor that she can live there for as long as she likes. The draft contract makes no mention of this promise either.

Contracts are exchanged, the vendor executes a transfer in favour of the purchaser

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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