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06 November 2008
Issue: 7344 / Categories: Features , Property
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Law digest: 7 November 2008

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Peter Hungerford-Welch, associate dean, The City  Law School, City University London. www.city.ac.uk/law

Yorkshire Bank Finance Ltd v Mulhall [2008] EWCA Civ 1156, [2008] All ER (D) 241 (Oct)

The enforcement of a charging order by normal means is not barred by s 20(1) of the Limitation Act 1980 and, unlike the position under a legal mortgage, the creditor’s rights are not barred after 12 years, because the holder of a charging order does not have a right to possession such that time can run against it under s 15, and extinction of title cannot therefore occur under s 17.

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MOVERS & SHAKERS

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Walkers—Muriel Marseille

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Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
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NLJ this week: Company conspiracy clarified
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
NLJ this week: Home is where intent lies
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
NLJ this week: Farewell to Chancery
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
NLJ this week: Silence carries a price
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
NLJ this week: Costs sting after a courtroom gamble
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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