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England and Wales decisions
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The tribunal dismissed a husband’s claim to beneficial interests in three Derby properties, finding no constructive or resulting trust and rejecting alleged declarations of trust as not genuine.
Fisher & Ors v Harrison & Ors [2003] EWCA Civ 1047 (29 July 2003)
The Court of Appeal held that a pension scheme forfeiture clause applied only to future benefits, and set aside a consent order and freezing order that unlawfully dealt with pension rights.
Court of Appeal held a consent order and freezing order over pension benefits were unenforceable under the Pensions Act 1995, and that the scheme’s forfeiture rule applied only to future benefits.
Hackney v Side By Side (Kids) Ltd. [2003] EWHC 1813 (QB) (14 July 2003)
The High Court held that section 89 of the Housing Act 1980 applies to consent possession orders and to High Court enforcement, setting aside a stay beyond the statutory limit.
Hackney v Side By Side (Kids) Ltd. [2003] EWHC 1813 (QB) (14 July 2003)
The High Court held that section 89 of the Housing Act 1980 applies to High Court possession orders and consent orders, and set aside an excessive stay.
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