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22 March 2019 / Cecily Crampin , Tricia Hemans
Issue: 7833 / Categories: Features , Property
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On the receiving end

Receivers & possession: Cecily Crampin & Tricia Hemans suggest looking past the agency device

  • Menon and Menon v Menon and Menon: can one sue oneself?

If tasked with running the argument that no man can sue himself, one might think oneself onto a winner. Surely it must be an irresistible submission that Mr and Mrs X could not possibly bring proceedings against Mr and Mrs X? However, when one factors in the Law of Property Act 1925, a mortgage and the appointment of receivers, one finds that such a submission may well get short shrift from the courts. This was the outcome of Menon and Menon (acting by Pask and Goode as joint fixed charge receivers) v Menon and Menon, 10 December 2018 (The County Court at Central London Unreported) where an argument that the Menons could not effectively sue themselves failed.

Typical

The case was typical of those involving receivers. The Menons were the registered proprietors of a west London property worth in the region

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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