This is an interesting case reported today concerning a decision in the High Court. The Claimant was the Parish Council for the village of East Bergholt in Suffolk which challenged a planning decision of the local planning authority, Babergh District Council (“the Council”). The decision under challenge was to grant 3 planning permissions for a total of 229 new homes to be built around East Bergholt.
The recent decision of HJJ Matthews in the case of Lewis & Ors v Tamplin & Ors (2018) EWHC 777 Ch has clarified the rules surrounding the rights of beneficiaries to demand disclosure of documents and information from trustees.
In April 2017 the UK government began a Consultation calling for evidence regarding the planned new register of beneficial ownership information for overseas legal entities. This is part of a broader push on transparency of ownership and follows the 2016 establishment of a central register of people that have significant control of UK companies (PSC Register).
“Tracing” allows a claimant to locate misappropriated assets in order to assert their property rights and seek an appropriate remedy by identifying the value of an asset into substitutes it has been exchanged for.
You pay your mortgage every month, it’s your name on the papers, so your house is all yours. Simple, right? Not for more than 1.2 million houses across England.
Almost half of new build properties are sold as leasehold, with buyers being told that long leases are as good as owning the freehold to reassure them.
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