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HWE Timm (Farmers) Ltd v. Timm

DATE: 19 Feb 2001

A case determining the correct principles to be applied to the variation or discharge of a pending action land charge: the court should ensure that so far as possible the position of both parties should be preserved whilst the owner of the property in question should not be subjected to the risk of being out of pocket should the claimant fail to prove his entitlement to the land at trial.

Toby Watkin appeared for the successful respondent in the application.