Kinane v Mackie-Conteh
Language: English Series: Estates Gazette ; [2005] 06 EG 140 (CS)(1)Publication details: 2005Subject(s): Online resources: Summary: [2005] EWCA Civ 45, 1 February 2005. Considered whether an agreement to grant a charge over a property complied with the Law of Property (Miscellaneous Provisions) Act 1989 s2(1). Appeal against an earlier ruling that although the agreement did not comply with the Act, it was enforceable because in the circumstances a constructive trust was created within s2(5) and was also enforceable under the Law of Property Act 1925 s53(1). M appealed on the grounds that s53(1) did not apply or at least applied only in part. K cross-appealed arguing that the judge should have found that a constructive trust had arisen and was enforceable under s53(1). "Held": the appeal was dismissed and the cross-appeal allowed in part.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS68771 (Browse shelf(Opens below)) | 1 | Available | 128919-1001 | |
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 128919-2001 |
[2005] EWCA Civ 45, 1 February 2005. Considered whether an agreement to grant a charge over a property complied with the Law of Property (Miscellaneous Provisions) Act 1989 s2(1). Appeal against an earlier ruling that although the agreement did not comply with the Act, it was enforceable because in the circumstances a constructive trust was created within s2(5) and was also enforceable under the Law of Property Act 1925 s53(1). M appealed on the grounds that s53(1) did not apply or at least applied only in part. K cross-appealed arguing that the judge should have found that a constructive trust had arisen and was enforceable under s53(1). "Held": the appeal was dismissed and the cross-appeal allowed in part.