(1) Alan Lewis Lockley (2) Jill Lockley v (1) Desideria Zumbe (2) Albert Zumbe (Charges and charging orders : Priority) [2018] UKFTT 317 (PC)
Applicants sought a restriction to protect their charging order on property which at the date of the order had been registered as Mr Zumbe-™s but which had been transferred to Mrs Zumbe before the application for a restriction was made. Mr Zumbe claimed to have no beneficial interest in the property, on the basis that in December 2012 he had executed a declaration of trust transferring his interest to his wife. I found that that document was not created until after the transfer to Mrs Zumbe. The transfer was expressed to be made for no consideration; priority is therefore governed by section 28 rather than s 29 of the LRA 2002; she took the land subject to the Applicants-™ interest under the charging order, which charged Mr Zumbe-™s interest when it was made. The Registrar was directed to respond to the application as if the objection had not been made.A HTML version of this file is not available click here or view below the pdf version : [2018] UKFTT 317 (PC)