Love and Care v Kiernan, Turcsi and Harness
Language: English Series: Property Week ; 70(43) 28 October 2005, 67(1)Publication details: 2005Subject(s): Summary: In this case ([2005] EWHC 2180 (Ch), (2005) NPC 117) H leased a property to L upon very benevolent terms. Upon the death of H, executors of his estate disputed the terms of the lease, on the grounds that L had in some way influenced this elderly man to act so much in their favour. In the event of L losing the case, K also pursued an application for security of costs, believing that the claimants would not be in a position to pay their costs due to lack of funds. As K had initiated the whole of the proceedings by registering a caution on the property with the Land Registry, the court ruled that the defendants in this case could be classed as claimants; therefore their claim for security of costs was denied. Under no circumstances are claimants ever awarded this security.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131600 (Browse shelf(Opens below)) | 1 | Available | 131600-1001 |
In this case ([2005] EWHC 2180 (Ch), (2005) NPC 117) H leased a property to L upon very benevolent terms. Upon the death of H, executors of his estate disputed the terms of the lease, on the grounds that L had in some way influenced this elderly man to act so much in their favour. In the event of L losing the case, K also pursued an application for security of costs, believing that the claimants would not be in a position to pay their costs due to lack of funds. As K had initiated the whole of the proceedings by registering a caution on the property with the Land Registry, the court ruled that the defendants in this case could be classed as claimants; therefore their claim for security of costs was denied. Under no circumstances are claimants ever awarded this security.