000 01453cam a2200217 4500
001 ABS68771
008 050302n2005 000 0 eng u
035 _a(Sirsi) u128919
041 _aeng
245 _aKinane v Mackie-Conteh
260 _c2005
490 _aEstates Gazette
_v[2005] 06 EG 140 (CS)(1)
520 _a[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.
590 _aABS
650 _aKINANE V MACKIE-CONTEH
650 _aLAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2(1)
650 _aLAW OF PROPERTY ACT 1925 S53(1)
690 _aPROPERTY-PROPERTY FINANCE AND INVESTMENT-SECURITISATION
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/45.html
_zView the judgment free of charge at www.bailli.org...
942 _n0
999 _c74861
_d74861