January 2015 Archive

Recent case rules that uncrystallised pension can be protected from creditors

Until recently, a Trustee in Bankruptcy has been able to apply to the Court for an Income Payment Order to compel a Bankrupt to call down his entire pension fund as a single lump sum to be paid to the Trustee for distribution in the Bankruptcy Estate. However, in recent case, the High Court has ruled that where pension benefits were not already being paid, the Trustee could not seek payment of these sums

Is a promise legally enforceable?

If someone promises another person ownership of land in their possession and that assurance is reasonably relied upon to the person’s detriment, the promise may be found to be irrevocable even though it is not in writing. This is known as proprietory estoppel.

Partnership Dispute and Property Interests – Section 41A of the Landlord and Tenant Act 1954

The recent case, Lie v Mohile [2014] EWCA Civ 728 concerned two doctors in general practice who had provided medical services as partners under a partnership agreement. The partnership business was run from premises owned by one of the doctors, Dr Mohile and he had granted a periodic tenancy to himself and to the other doctor, Dr Lie, as joint tenants.
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