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.
Nigel Clayton considers the recent decision in EFG Private Bank Ltd v Babaee, a case which concerned bankruptcy proceedings initiated by a mortgage lender against a borrower who defaulted on a loan secured by a legal mortgage. Case Name, Reference and BAILII link ...
Nigel Clayton discusses the case of Morgan v Business Mortgage Finance 5 Plc involving a dispute over mortgage possession proceedings and considers the jurisdiction of the High Court to interfere in such matters. Case Name, Reference and BAILII link Morgan v...
Nigel Clayton discusses a recent case involving the modification of a practice form of order for the sale of property following a charging order. Case Name, Reference and BAILII link Cadogan v Cadogan & Ors [2024] EWHC 165 (Ch) (02 February 2024) ...
Nigel Clayton examines the issue of damages in the Shokrollah-Babaee v EFG Private Bank Ltd case, focusing on a claim against the mortgage lender for breaches of statutory duty (MCOB) and the common law duty of care. The specific context involves overvaluations, and...
Article contributed by Nigel Clayton Rectification of the companies register – making of administration Case Name, Reference, and Judgement MS Lending Group Limited v LVR Capital Limited [2023] EWHC 2509 (Ch) Summary The High Court ordered rectification of...
Article contributed by Nigel Clayton Mistaken discharge – application for summary judgment to rescind and for alteration of the register Case Name, Reference and BAILII link Barclays Bank UK Plc v Terry [2023] EWHC 2726 (Ch) Summary The High Court...
Article contributed by Nigel Clayton Nigel Clayton discusses mortgage business in relation to Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 and winding up petition. Case Name, Reference and BAILII link Mortgage Five Zero Limited v...
Article contributed by Nigel Clayton, Kings Chambers Constructive notice – partial surety case – principles to be applied - application of s 199 LPA 1925 Case Name, neutral citation, bailii link Waller-Edwards v One Savings Bank Plc [2023]...
Article contributed by Nigel Clayton Appeal - possession order and money judgment – default rate of 12% pcm compounded - judge’s findings on default rate/penalty and unfair relationship – effect of lender’s concession on amount claimed. Case name, reference...
Article contributed by Nigel Clayton, Kings Chambers Unregulated lending assuming borrowers not in occupation – consequences – sham – waiver/breach – whether default rate a penalty – undue influence Case name, reference and Bailii link Houssein & Ors v...
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