Concurrent Interest in UK Law

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Leading Cases
  • Harris and Another v Goddard and Others
    • Court of Appeal
    • 25 Jul 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
    • 23 Feb 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.

  • Bedson v Bedson
    • Court of Appeal
    • 22 Jul 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.

  • Hammersmith and Fulham London Borough Council v Monk
    • House of Lords
    • 05 Dic 1991

    The action of giving notice to determine a periodic tenancy is in form positive; but both on authority and on the principle so aptly summed up in the pithy Scottish phrase "tacit relocation" the substance of the matter is that it is by his omission to give notice of termination that each party signifies the necessary positive assent to the extension of the term for a further period.

  • Johnson v Moreton
    • House of Lords
    • 27 Jul 1978

    If any clause such as clause 27 was valid landlords might well insist upon a similar clause being introduced into every lease; and prospective tenants, having no money with which to buy the land they wanted to farm, would, in reality, have had little choice but to agree. Accordingly if clause 27 is enforceable the security of tenure which Parliament clearly intended to confer, and did confer upon tenant farmers for the public good would have become a dead letter.

  • Cobb v Cobb
    • Court of Appeal
    • 08 Jun 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.

  • Wilson v Wilson
    • Court of Appeal
    • 09 Abr 1963

    By the conveyance the husband and wife, who were the purchasers thereunder, were to hold the property upon trust to sell the same with power to postpone the sale thereof and to hold the net proceeds of sale and other money applicable as capital and the net rents and profits thereof until sale upon trustfor themselves as joint tenants, Thus the entire beneficial interest in the property was declared at the outset.

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Legislation
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Law Firm Commentaries
  • Taking Security Over Publicly Traded Shares
    • Mondaq UK
    • 7 de Septiembre de 2016
    ...... 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
    • Dentons
    • 1 de Septiembre de 2016
    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 ......
  • SL Claimants v Tesco: High Court clarifies the confidentiality of documents referred to in separate criminal proceedings
    • JD Supra United Kingdom
    • White & Case LLP
    • 12 de Febrero de 2020
    In SL Claimants v Tesco Plc,1 the High Court considered a number of issues relating to disclosure during the fourth case management conference in those proceedings. Of particular interest to practi...
    ......Of particular interest to practitioners and parties to litigation was the Court's findings ......
  • Concurrent Proceedings are not Inherently Unfair
    • Mondaq United Kingdom
    • 30 de Mayo de 2003
    ...... 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 ......
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