Relief against forfeiture: chattel leasing
Pawlowski, M
Relief against forfeiture: chattel leasing - 2000 - Solicitors' Journal 144(41) 3 November 2000, 1004-1005(2) .
Looks at how recent case law has seen equitable relief against forfeiture extend beyond the lease of land to commercial transactions involving the transfer of proprietary or possessory rights in personal property. Discusses in detail the recent CA decision in "On Demand Information plc v Michael Gerson (Finance) plc", which has confirmed that the court does have jurisdiction to grant relief against forfeiture of a lease of chattels, given certain provisos. Concludes that the "Gerson" case has gone a long way to clarify this area of the law, but the exact nature of the 'possessory' right eligible for equitable relief still needs to be decided by the courts. Case law.
FORFEITURE
LEASES
EQUITABLE RELIEF
POSSESSORY TITLE
PROPRIETARY INTEREST IN LAND
RELIEF FROM FORFEITURE
CHATTELS
LEASES
LAW OF PROPERTY ACT 1925 S146
Relief against forfeiture: chattel leasing - 2000 - Solicitors' Journal 144(41) 3 November 2000, 1004-1005(2) .
Looks at how recent case law has seen equitable relief against forfeiture extend beyond the lease of land to commercial transactions involving the transfer of proprietary or possessory rights in personal property. Discusses in detail the recent CA decision in "On Demand Information plc v Michael Gerson (Finance) plc", which has confirmed that the court does have jurisdiction to grant relief against forfeiture of a lease of chattels, given certain provisos. Concludes that the "Gerson" case has gone a long way to clarify this area of the law, but the exact nature of the 'possessory' right eligible for equitable relief still needs to be decided by the courts. Case law.
FORFEITURE
LEASES
EQUITABLE RELIEF
POSSESSORY TITLE
PROPRIETARY INTEREST IN LAND
RELIEF FROM FORFEITURE
CHATTELS
LEASES
LAW OF PROPERTY ACT 1925 S146