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.

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

Redemption

Clog on equity of redemption Liability for contingent costs Re: Industrial North West LLP (in Administration) [2020] EWHC 3052 (Ch) Summary A mortgagee was entitled to retain security, notwithstanding the repayment of a loan, against a contingent liability for legal...

read more

Receivers

Entitlement to claim possession Availability of s36 AJA 1970 to the borrower? Menon v Pask and Goode [2019] EWHC 2611 (Ch) Summary Receivers appointed by a bank as mortgagee were entitled to sue for possession, notwithstanding that they acted as agents of the...

read more

Assignee of charge

Assignee claiming possession Assignment of debt Promontoria (Oak) Limited v Emanuel [2020] EWHC 563 (Ch) Summary In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession...

read more