Mortgage Possession Proceedings
An application by a third party to be joined into mortgage possession proceedings on the basis she had a 'beneficial interest' by way of common…
Mortgage Possession
CPR 55 Mortgage Possession Hearing
Article Contributed by Nigel Clayton - Kings Chambers Applications to amend – s 140A etc CCA 1974 – regulatory compliance – claim for damages for…
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…
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…
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…
Redemption
Clog on equity of redemption Liability for contingent costs Re: Industrial North West LLP (in Administration) [2020] EWHC 3052 (Ch) Summary A…
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…
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…
Time to sell
What are the court's powers when a borrower needs more time to sell the house to pay off the whole of the mortgage debt? Does the borrower need to…
Costs
Indemnity costs Contract term required Helden v Strathmore Ltd [2011] EWCA Civ 542 On the question of costs in this case, the judge had been wrong to…
Discrimination defences
See also the Discrimination defences page in the general Possession claims section of the site. Disabled borrower in arrears Lender's refusal to…
Counterclaim and set-off
Claim for declaration as to entitlement to damages and set-off Limitation - summary judgment Woodeson v Credit Suisse (UK) Limited [2018] EWCA Civ…
English