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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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