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Balancing Commercial and Family Interests Under Tlata 1996, S. 15

Published online by Cambridge University Press:  29 May 2001

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Extract

THEThe Mortgage Corporation v. Shaire [2000] 1 F.L.R. 973, is the first case to apply section 15 of the Trusts of Land and Appointment of Trustees Act 1996. Neuberger J. in the Chancery Division confirmed, contrary to dicta in TSB plc v. Marshall [1998] 2 F.L.R. 769, that on an application for an order for sale of mortgaged property section 15 gives the court greater flexibility than it had under its predecessor, the Law of Property Act 1925, s. 30.

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Copyright © Cambridge Law Journal and Contributors 2001

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