Concurrent Interest in UK Law

In this Topic
Leading Cases
  • Harris and Another v Goddard and Others
    • Court of Appeal (Civil Division)
    • 25 juliol 1983

    Joint tenancy is a form of co-ownership, or concurrent ownership, of property. Its special feature is the right of survivorship, whereby the right to the whole of the property accrues automatically to the surviving joint tenants or joint tenant on the death of any one joint tenant. Severance is, as I understand it, the process of separating off the share of a joint tenant, so that the concurrent ownership will continue but the right of survivorship will no longer apply.

  • Manchester Airport Plc v Dutton and Others (Defendants/Applicants)
    • Court of Appeal (Civil Division)
    • 23 febrer 1999

    In my judgment the true principle is that a licensee not in occupation may claim possession against a trespasser if that is a necessary remedy to vindicate and give effect to such rights of occupation as by contract with his licensor he enjoys. This is the same principle as allows a licensee who is in de facto possession to evict a trespasser. There is no respectable distinction, in law or logic, between the two situations. An estate owner may seek an order whether he is in possession or not.

  • Dingmar v Dingmar
    • Court of Appeal (Civil Division)
    • 12 juliol 2006

    Solution (iii) is not merely the most rational, it is the only one which is rational. The happenstance of price movements and the dates of hearing is removed from consideration. Of course its value at the date of the hearing is a factor which may be taken into account in the overall assessment of what is to be done (s.3(5)) but that is a quite different question from what property is to be treated as part of the net estate.

  • Cobb v Cobb
    • Court of Appeal
    • 08 juny 1955

    The second is that I know of no power that the Court has under section 17 to vary agreed or established titles to property.

  • Irani Finance Ltd v Singh
    • Court of Appeal (Civil Division)
    • 22 juny 1970

    Even to hold that they have equitable interests in the land for a limited period, namely until the land is sold, would, we think, be inconsistent with the trust for sale being an "immediate" trust for sale working an immediate conversion, which is what the Law of Property Act envisages (see Section 205(1) (xxix)), though, of course, it is not in fact only such a limited interest that the Appellants are seeking to charge.

  • Mexfield Housing Co-Operative Ltd v Berrisford
    • Supreme Court
    • 09 novembre 2011

    Periodic tenancies obviously pose something of a puzzle if the law insists that the maximum term of any leasehold estate be certain. In one sense the term is certain, as it comes to an end when the week, the month, the quarter or the year for which it has been granted comes to an end. But that is not the practical reality, as the law assumes a re-letting (or the extension of the term) at the end of each period, unless one or other of the parties gives notice to quit.

  • Bedson v Bedson
    • Court of Appeal
    • 22 juliol 1965

    If afreehold is conveyed to and upon trust for themselves as joint tenants, each has the same beneficial interest in that property as the. If there be two beneficial joint tenants, severance produces a beneficial tenancy in common in two equal shares. and by declaration of the beneficial joint tenancy between and B, their respective rights and titles are no less clearly laid down and established than if there had been a declaration of a beneficial tenancy in common in equal undivided shares.

See all results
  • Bankruptcy (Scotland) Act 2016
    • Scotland
    • 01 de gener de 2016
    ... ... is made,(b) the total amount of the debtor's debts (including interest) at the date the debtor application is made is—(i) not less than £1,500 ... 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1) ... Concurrent proceedings ... 17: Concurrent proceedings for sequestration or analogous ... ...
  • Sentencing Act 2020
    • UK Non-devolved
    • 01 de gener de 2020
    ... ... 48 in force at 1.12.2020 by S.I. 2020/1236, reg. 2 ... 49: Interest on criminal courts charge ... (1) The Lord Chancellor may by regulations ... served,consecutive terms and terms which are wholly or partly concurrent are treated as a single term, unless the context otherwise requires ... ...
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 01 de gener de 2015
    ... ... term, and(b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and ... of the journalistic material was, or would be, in the public interest ... (5) It is a defence for a person charged with an offence under this ... ...
  • Environment Act 2021
    • UK Non-devolved
    • 01 de gener de 2021
    ... ... considers that in the circumstances it would not be in the public interest to do so ... (8) For the purposes of this section, correspondence is ... 2022/54, art. 2(1)(p) ... Concurrent functions in Wales ... 141: Amendments of Schedule 7B to the Government ... ...
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
  • Taking Security Over Publicly Traded Shares
    • Mondaq UK
    ... ... it acquires (directly or indirectly) as a result of its security interest. However, an exercise of voting rights by the lender will trigger a ... information about not only its own interest but also any other concurrent interest of which he or she has knowledge. If an interested person fails ... ...
  • Taking security over publicly traded shares
    • JD Supra United Kingdom
    Taking security over publicly traded shares can be a minefield for an unprepared lender. Lee Federman and Nik Colbridge discuss some key issues to consider.
    ... ... it acquires (directly or indirectly) as a result of its security interest. However, an exercise of voting rights by the lender will trigger a ... information about not only its own interest but also any other concurrent interest of which he or she has knowledge. If an interested person fails ... ...
  • Concurrent Proceedings are not Inherently Unfair
    • Mondaq United Kingdom
    ... ... be regarded as necessarily supporting a stay of a regulatory investigation or of disciplinary proceedings conducted in and for the public interest" ... In considering the issue as to whether there is an inherent unfairness in concurrent proceedings, the judge said there were essentially two ... ...
  • Court Of Appeal Clears The Way For Developers: Update On Code Rights And Concurrent Leases
    • Mondaq UK
    ... ... The issue turned on paragraph 10 of the Code, which sets out who ... is bound by a Code right. It includes: ... an occupier with an interest in land who conferred the Code ... right (we'll call them "O") ... a successor in title to O (ie a purchaser of O's property ... interest) ("P"); and ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT