Article contributed by Nigel Clayton Introduction Few property lawyers profess any real enjoyment for mortgage law. Fewer still profess any real understanding of the statutory and regulatory regimes that have applied to mortgages over the years. This is hardly...
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.
Interest-Only Mortgage
Article contributed by Nigel Clayton, Kings Chambers Misselling – claim for damages for professional negligence - requirements Taylor v Legal and General Partnership Services Ltd Bailii link: [2022] EWHC 2475 (Ch) Summary The High Court...
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...
R (on the application of Mortgage Agency Services Number Five Ltd) v Financial Ombudsman Service Ltd
Article contributed by Nigel Clayton [2022] EWHC 1979 (Admin) Summary The High Court dismissed an application for judicial review to quash a decision of the Financial Ombudsman Service to consider standard variable interest rate changes more than six years before...
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...
Mortgages – Arthistory Ltd v Campbell [2022] EWHC 848 (Ch)
Mortgages The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester Arthistory Ltd v Campbell [2022] EWHC 848 (Ch) BAILII link. Summary The High Court had to determine a number of regulatory issues under the Financial Services and Markets Act...
Loan Agreements
The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester (nclayton@kingschambers.com) 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...
Miscellaneous Provisions
The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester (nclayton@kingschambers.com) 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...
Mortgage Possession Proceedings
The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester (nclayton@kingschambers.com) Read v Eastern Counties Leather Group Ltd, [2022] EWHC 31 (Ch) http://www.bailii.org/ew/cases/EWHC/Ch/2022/31.html Summary The High Court struck...
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...