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...
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.
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...
Redemption
Clog on equity of redemption Liability for contingent costs Re: Industrial North West LLP (in Administration) [2020] EWHC 3052 (Ch) Summary A mortgagee was entitled to retain security, notwithstanding the repayment of a loan, against a contingent liability for legal...
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 by a bank as mortgagee were entitled to sue for possession, notwithstanding that they acted as agents of the...
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 brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession...