The online resource for UK Property Law

Mortgages

This section contains material on a number of matters relating to mortgages. The topics covered can be seen in the contents list on the left.

Summers v TSB Bank Plc

Article contributed by Nigel Clayton   [2022] EWHC 1068 (Ch) and [2022] EWHC 1691 (Ch)    Summary  The court granted a vesting order in favour of a beneficial owner of property, but subject to the priority of an acquisition mortgage obtained on purchase by her...

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Lees v Kaye and Dixon

Article by Guest Editor Nigel Clayton of Kings Chambers [2022] EWHC 1151 (QB)  http://www.bailii.org/ew/cases/EWHC/QB/2022/1151.html  Summary  In this case the High Court addressed a number of issues concerning the effect of debt respite moratoria under the Debt...

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Loan Agreements

The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester ([email protected])  Campbell v Tyrrell, [2022] EWHC 423 (Ch) http://www.bailii.org/ew/cases/EWHC/Ch/2022/423.html  Summary  The High Court had to consider whether a pre-1st...

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Miscellaneous Provisions

The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester ([email protected])  Campbell v Chief Land Registrar  [2022] EWHC 200 (Ch)  http://www.bailii.org/ew/cases/EWHC/Ch/2022/200.html   Summary  A charge by deed by way of legal...

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Possession claims

Written by Nigel Clayton. Global 100 Limited v Laleva, [2021] EWCA Civ 1835 A transcript of the decision can be downloaded here. In this case the Court of Appeal explained what is meant by the words in CPR 55.8(2): “Where the claim is genuinely disputed on grounds...

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S 36 of the Administration of Justice Act 1970

Written by Nigel Clayton. Liddiment v Hull [2021] EWHC 3418 (Ch) A transcript of the decision can be downloaded here. In its decision, the High Court clarified a number of issues about the way in which the statutory power in Section 36 Administration of Justice Act...

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Mortgage Possession Claims

Written by Nigel Clayton. Bank of Scotland Plc v Hoskins [2021] EWHC 3038 (Ch) A transcript of the decision can be downloaded here. In this case, the High Court struck out a defence and counterclaim in mortgage possession proceedings which were caught by a full and...

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