Love and Care v Kiernan, Turcsi and Harness
Ross, Jonathan
Love and Care v Kiernan, Turcsi and Harness - 2005 - Property Week 70(43) 28 October 2005, 67(1) .
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.
LOVE AND CARE LTD V KIERNAN, TURSCI AND HARNESS
Love and Care v Kiernan, Turcsi and Harness - 2005 - Property Week 70(43) 28 October 2005, 67(1) .
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.
LOVE AND CARE LTD V KIERNAN, TURSCI AND HARNESS