Insolvency: ordering a sale of the family home

Comments on the Chancery Division ruling in Nicholls v Lan on whether the interests of a bankrupt husband's creditors prevailed over those of the wife, despite her circumstances being exceptional within the meaning of the Insolvency Act 1986 s.335A on account of her suffering from chronic schizophrenia, where the wife was the joint owner of another property which could be realised to buy out the trustee in bankruptcy's half share in the equity of the matrimonial home.

Oral agreements: estoppel, constructive trusts and restitution

Analyses the House of Lords judgment in Cobbe v Yeoman's Row Management Ltd in relation to claims by the prospective purchaser under an oral agreement for sale of a block of flats based on proprietary estoppel, a constructive trust and common law restitution brought against the owner of the property who sought to resile from the agreement after the purchaser had, at considerable expense, obtained planning permission to redevelop the property in reliance on assurances given by the owner that if permission was granted the sale would be honoured.

Returning to deposits...

Examines the Court of Appeal ruling in Midill (97PL) Ltd v Park Lane Estates Ltd on whether the court should exercise its discretion to return a deposit paid under a contract for the sale of a property where, despite the claimant having defaulted on its purchase, the owner obtained a higher price than would have been paid by the claimant when it subsequently sold the property to a third party. Considers the need for special or exceptional circumstances to be present to override the rule that deposits were to be forfeited upon the purchaser's default.

Divorce deals and bankruptcy

Discusses the rights and responsibilities of trustees and beneficiaries of co-owned land under the Trusts of Land and Appointment of Trustees Act 1996, in particular s.14 which allows the court to make an order declaring the extent and nature of a person's interest in the property. Refers to the Court of Appeal decision in Avis v Turner on whether the existence of an earlier court order postponing the sale of matrimonial property following the owners' divorce meant that an application could not be brought by a trustee in bankruptcy under s.14. Considers the "exceptional circumstances" which could allow the court to postpone the sale. [From Legal Journals Index]

The mortgagee's duties on sale

Discusses the remedies available to mortgage lenders when borrowers default on their mortgage repayments. Examines aspects of the mortgagee's duty of care to the mortgagor when choosing to sell the property in terms of the timing of the sale, the mode of sale, the price obtained, and the sale of a commercial property to a party associated with the mortgagor. [From Legal Journals Index]

What's exceptional?

Outlines the factors which the court needs to consider when deciding whether to grant an application for the sale of a property where the owner becomes bankrupt. Considers the different priorities to be given to the claims of trustees in bankruptcy and to secure lenders, with reference to the Trusts of Land and Appointment of Trustees Act 1996 ss.14 and 15, the Insolvency Act 1986 s.355A, and the exceptional circumstances in which claims will not be granted. Explores case law, in particular the Court of Appeal ruling in Avis v Turner, and the implications of the Human Rights Act 1998. [From Legal Journals Index]

FARM-Africa South Africa Northern Cape land reform and advocacy programme 2004-2008: final evaluation

FARM-Africa South Africa has played a crucial and important role in filling the gap that existed after the return of land to communities by government in the Northern Cape. Their support to farmer communities during the post-settlement phase has been critical for making productive use of land. During 2004-2008, FARM-SA has worked in 20 community projects in the Northern Cape, benefiting 745 poor households.