Smith v Spaul (Record no. 71975)

MARC details
000 -LEADER
fixed length control field 02182cam a2200289 4500
001 - CONTROL NUMBER
control field ABS66367
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030127n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u121130
245 ## - TITLE STATEMENT
Title Smith v Spaul
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2003] 03 EG 125(CS)
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2003] 17 EG 148-152(5)
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2003] 2 WLR 495-503(9)
520 ## - SUMMARY, ETC.
Summary, etc. [2002] EWCA Civil 1830,16 December 2002. The Halifax Building Society re-possessed in 1995 on default of the mortgagee, a flat, whose freehold was owned by the appellant (X). X claimed right of forfeiture on the lease, serving a notice on Halifax under the Law of Property Act 1925 s146, who in turn served a counter-notice claiming benefit of the Leasehold Property (Repairs) Act 1938 s1(3). Respondent (Y) purchased the flat from Halifax at auction in June 1995, whereon X commenced possession proceedings on the basis of the previously served s146 notice. The court found against X because the mortgagee in possession of the premises was the lessee for the purpose of s146 of the 1925 Act and s1 of the 1938 Act and X could not commence proceedings to enforce s146 in respect of breaches to which the 1938 Act applied without the leave of the court. Costs were ordered against X who subsequently appealed. "Held", appeal allowed. Halifax had not been entitled to serve a counter-notice under the 1938 Act. The lessor was not obliged to serve the s146 notice on Y who had not taken assignment of the lease. Proceedings had not been instituted in breach of the 1938 Act s1 and costs should not have been decided in part on that basis. View judgment at www.courtservice.gov.uk
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MORTGAGEES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COUNTERNOTICES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FORFEITURE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element REPOSSESSIONS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S146
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD PROPERTY (REPAIRS) ACT 1938 S1
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SMITH V SPAUL
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TARGET HOME LOANS LTD V IZA LTD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2002/1830.html">https://www.bailii.org/ew/cases/EWCA/Civ/2002/1830.html</a>
Public note View the item www.bailii.org.
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 27/01/2003   ABS66367 121130-1001 06/08/2019 1 06/08/2019 Law report