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...
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.
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...
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...
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...