United Kingdom uncategorized

Caunce v Caunce

[1969] 1 WLR 286; [1969] 1 All ER 722 (Ch D)

JurisdictionUnited Kingdom

CourtHigh Court (Chancery Division), England and Wales

Year1969

StatusPersuasive authority

Key Principle

(Now discredited) A wife living in the matrimonial home with her husband was not in 'actual occupation' for notice purposes; her presence was consistent with the husband's title, so a mortgagee took free of her equitable interest.

Area of Law

Related Cases

Buckinghamshire County Council v Moran [1990] Ch 623; [1989] EWCA Civ 11; [1989] 2 All ER 225 (CA)

Ashburn Anstalt v Arnold [1988] EWCA Civ 14; [1989] Ch 1; [1988] 2 All ER 147 (CA)

Lyus v Prowsa Developments Ltd [1982] 1 WLR 1044; [1982] 2 All ER 953

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