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.

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...

read more

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...

read more

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...

read more

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...

read more

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...

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
en_USEnglish