Comments on: Shared Ownership – Midland Heart with benefit of transcript http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/?utm_source=rss&utm_medium=rss&utm_campaign=shared-ownership-midland-heart-with-benefit-of-transcript Housing law news and comment Fri, 10 Sep 2010 11:27:50 +0000 hourly 1 http://wordpress.org/?v=abc By: landlord's boy http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-3569 landlord's boy Mon, 08 Mar 2010 09:23:12 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-3569 without wanting to put words into `chief's' mouth, it may be due to the rarity of cases where the `tenant' has paid for their 50% share outright, rather than borrowing the monies. i was at a conference recently and put a question on the case to jan luba qc - his answer was precisely that there were only a tiny handful of similar cases (re outright purchase of the 50%) as set against numerous `mortgaged' examples. but as we know, the mortgaged examples tend to get sorted out by the mortgagee paying off the arrears and then staircasing out. although i've recently had a case in which the mortgagee did/said nothing for months and the RSL i act for was on the brink of issuing after having `threatened' the mortgagee with `midland heart' repeatedly... as we know with `weaver' the CA and the SC are not mad fans of academic/paper appeals on interesting points to them and i'd be surprised if there are many `midland heart' types outcomes that are appealable, but maybe so? without wanting to put words into `chief’s’ mouth, it may be due to the rarity of cases where the `tenant’ has paid for their 50% share outright, rather than borrowing the monies. i was at a conference recently and put a question on the case to jan luba qc – his answer was precisely that there were only a tiny handful of similar cases (re outright purchase of the 50%) as set against numerous `mortgaged’ examples. but as we know, the mortgaged examples tend to get sorted out by the mortgagee paying off the arrears and then staircasing out. although i’ve recently had a case in which the mortgagee did/said nothing for months and the RSL i act for was on the brink of issuing after having `threatened’ the mortgagee with `midland heart’ repeatedly…

as we know with `weaver’ the CA and the SC are not mad fans of academic/paper appeals on interesting points to them and i’d be surprised if there are many `midland heart’ types outcomes that are appealable, but maybe so?

]]> By: chief http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-3544 chief Thu, 04 Mar 2010 12:13:36 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-3544 @Dave - now you're just baiting me ;-) Anyway, it was really just idle speculation on my part. @Dave – now you’re just baiting me ;-)
Anyway, it was really just idle speculation on my part.

]]> By: Cait http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-3542 Cait Thu, 04 Mar 2010 10:21:10 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-3542 I understood that they hadnt actually *paid* the ex gratia payment though? and yay on the bated thing :) Cait I understood that they hadnt actually *paid* the ex gratia payment though?

and yay on the bated thing :)

Cait

]]> By: dave http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-3539 dave Wed, 03 Mar 2010 23:50:12 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-3539 Chief: Just out of interest, why do you say that it may not have been the best case on its facts? It seemed a very good one to me, illustrating the manifest absurdity of these types of relationships. The only reason why it may not have been was because Midland Heart - out of the goodness of their, well, heart - apparently made an "ex gratia" payment of the amount Ms R had put into the property in the first place, but even then it seems to me to be a perfect case. I shall abate your response. Chief: Just out of interest, why do you say that it may not have been the best case on its facts? It seemed a very good one to me, illustrating the manifest absurdity of these types of relationships. The only reason why it may not have been was because Midland Heart – out of the goodness of their, well, heart – apparently made an “ex gratia” payment of the amount Ms R had put into the property in the first place, but even then it seems to me to be a perfect case. I shall abate your response.

]]> By: chief http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-3538 chief Wed, 03 Mar 2010 20:02:43 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-3538 @Cait - it is just a rumour, so I'm open (hoping even) to correction. It may be that on its facts it was not the best case to deal with the ramifications. On your previous question about bated/baited, old <a href="http://shakespeare.mit.edu/merchant/full.html" rel="nofollow">Shylock has the answer</a> - (bated) - although if you're going to wait for the Court of Appeal to sort this out you'll probably end up pretty blue in the face and thus <a href="http://karenspoetryspot.blogspot.com/2008/01/cruel-clever-cat-by-geoffrey-taylor.html" rel="nofollow">baited</a> might be better. Now be honest, you didn't expect a housing law blog to be doing that today, did you? @Cait – it is just a rumour, so I’m open (hoping even) to correction. It may be that on its facts it was not the best case to deal with the ramifications.

On your previous question about bated/baited, old Shylock has the answer – (bated) – although if you’re going to wait for the Court of Appeal to sort this out you’ll probably end up pretty blue in the face and thus baited might be better.

Now be honest, you didn’t expect a housing law blog to be doing that today, did you?

]]> By: Cait http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-3536 Cait Wed, 03 Mar 2010 18:09:50 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-3536 :O Public funding was pulled? That's scandalous as it has significant ramifications. Im obviously too naive but phoooieee if that's the case. Still waiting with the whole baited breath thing. Cait :O
Public funding was pulled?
That’s scandalous as it has significant ramifications.

Im obviously too naive but phoooieee if that’s the case.

Still waiting with the whole baited breath thing.

Cait

]]> By: chief http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-3535 chief Wed, 03 Mar 2010 18:02:21 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-3535 The rumour is that this has been shelved, due to the appellant's public funding being pulled. Does anyone know for definite? Although it's still in the case tracker it hasn't appeared on the cause list for either today or tomorrow. The rumour is that this has been shelved, due to the appellant’s public funding being pulled. Does anyone know for definite? Although it’s still in the case tracker it hasn’t appeared on the cause list for either today or tomorrow.

]]> By: NL http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-3201 NL Wed, 20 Jan 2010 23:47:39 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-3201 We'll see... We’ll see…

]]> By: Alan Lodge http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-3200 Alan Lodge Wed, 20 Jan 2010 23:46:32 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-3200 Now in the CA list for 3/4 March 2010. So we will know the result before long. Alan Now in the CA list for 3/4 March 2010. So we will know the result before long.

Alan

]]> By: NL http://nearlylegal.co.uk/blog/2008/09/shared-ownership-midland-heart-with-benefit-of-transcript/#comment-2248 NL Mon, 20 Jul 2009 09:10:52 +0000 http://nearlylegal.co.uk/blog/?p=735#comment-2248 Apparently now awaiting listing by the Court of Appeal. Apparently now awaiting listing by the Court of Appeal.

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