2144525
Description
Mind Map by harrishyatt, updated more than 1 year ago
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Created by harrishyatt
over 9 years ago
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Link Lending Ltd v Bustard L.J. Mummery
- Rule
- LRA 2002 S29 schedule 3 para 2
- Replaces LRA 1925 S70(1)(g)
- Ms Bustard was in actual occupation
- Sufficient degree of continuity and permanence of occupation
- involuntary residence elsewhere
- persistent intention to return home when possible
- evidenced by regular visits
- evidenced by regular visits
- Evidence of absence from property did not mean absence of evidence of actual occurpation
- Sufficient degree of continuity and permanence of occupation
- Replaces LRA 1925 S70(1)(g)
- LRA 2002 S29 schedule 3 para 2
- Primary facts
- Not in property when Link Lending Limited registered charge over property
- In a residential care home for a year
- Incapable of living safely in property
- Visits to property brief and supervised
- Her furnished home
- Other people had taken responsibility of her finances to pay the bills
- Applied to Mental Health Tribunal to return home
- No final and irrevocable decision not to be permitted home
- Not in property when Link Lending Limited registered charge over property
- Obiter dicta
- Cann
- Acts preparatory to assumption of actual occupation
- Acts preparatory to assumption of actual occupation
- Distinguishable from Stockholm
- new and special feature is in the psychiatric problems of the person claiming actual occupation
- new and special feature is in the psychiatric problems of the person claiming actual occupation
- Thompson v Foy
- Decision is supportable in law and in fact
- Decision is supportable in law and in fact
- Cann
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