McGuane v Welch (Record no. 80527)

MARC details
000 -LEADER
fixed length control field 02183cad a22002775a 4500
001 - CONTROL NUMBER
control field L144581
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 080729e20080711xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u144581
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title McGuane v Welch
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWCA Civ 785, 11 July 2008. Appellant tenant agreeing to sell lease to respondent at significant undervalue after holding lease on express trust for three years and then refusing to transfer. Appellant (M) sought to have a transaction with respondent (W) set aside as being invalid. M agreed to sell his lease on a secure council tenancy for cash to W and received various payments. W took out a mortgage to finance the purchase through the right to buy scheme and took over all costs of paying this and other household expenses (including renovations). M agreed to hold the property in trust for three years to avoid repayment of the discount obtained through right to buy and then refused to transfer the lease to W after this period. Held: appeal was allowed. M remained the beneficial holder of the lease and at no point did he hold the lease in constructive trust for W. Also, the original judge had misunderstood the law of estoppel and should not have ordered the transfer of the lease, rather looking to provide W with the minimum equity to do justice. The contract was held as not binding and the judge ordered a county court case to determine the amount required to be repaid to W to compensate him for the monies expended on the mortgage and refurbishing the property.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CRESSWELL V POTTER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JENNINGS V RICE AND OTHERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MCGUANE V WELCH
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BACKHOUSE V BACKHOUSE
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CENTRAL TRUST AND SAFE DEPOSIT COMPANY V SNIDER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PARINV (HATFIELD) LTD V IRC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TAYLOR FASHIONS LTD V LIVERPOOL VICTORIA TRUSTEES CO LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element YAXLEY V GOTTS
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT
856 48 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2008/785.html">https://www.bailii.org/ew/cases/EWCA/Civ/2008/785.html</a>
Public note View the case free of charge at 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     Virtual Virtual Online 29/07/2008   ONLINE PUBLICATION 144581-1001 06/08/2019 1 06/08/2019 Law report