Welcome
to LegalMortgage.co.uk
A legal information website which provides helpful guidance and regular updates on all aspects of the law, practice and procedure involving mortgage law and litigation.
About
This site is edited by Nigel Clayton, Barrister and Mediator, Kings Chambers
Nigel is a member of the Business & Property Group at Kings Chambers, a leading civil set of Chambers based in Manchester, Leeds and Birmingham. He was Called to the Bar in 1987 and sits as a Civil and Chancery Recorder. Nigel is also accredited by the ADR Group as a Civil and Commercial Mediator.
Since qualifying, Nigel has practised solely in property law and specialises in mortgage law and litigation. He has considerable experience of acting for banks, building societies and centralised lenders, as well as borrowers. He has appeared in several high-profile cases and is the author of Mortgage Possession Actions (Sweet & Maxwell) and the new edition of Atkin's Court Forms, Vol 28(1) on Mortgages (LexisNexis). He is the mortgage editor of the Property Law Website (www.propertylawuk.net
) and is a regular speaker on Mortgage Litigation.
Significant reported cases
- CIBC Mortgages Plc v Pitt [1994] 1 AC 200 HL (mortgages, undue influence)
- Maes Finance Ltd v Shriskantharaja [1998] EWCA Civ 485 (mortgages, appeals)
- Eagle Star Insurance Co Ltd v Karasiewicz [2002] EWCA CIV 940 (mortgages, subrogation)
- Michael v Miller [2004] EWCA Civ 282 (mortgages, mortgagees’ duties on sale)
- First Mortgage Securities (No 9) Ltd v Smith [2005] EWHC 2455 (Ch) (mortgages, possession orders, judgments)
- Nolan v Wright [2009] 3 All ER 823 (mortgages, consumer credit, limitation)
- English v English [2010] EWHC 2058 (Ch) (mortgages, forgery, ratification, solicitors duty of care
Recommendations
Nigel is regularly ranked as a leading individual for real estate work in the Chambers UK and Legal 500 Directories
Memberships
- Northern Business and Property Bar Association
- Northern Circuit and North Eastern Circuit
- Society of Trust and Estate Practitioners
Appointments
- Junior Counsel to the Crown (2000)
- Recorder: Civil (2003), Business & Property (2006), Family (2011)
Nigel is frequently instructed on a range of mortgage issues:
- Drafting and interpreting mortgage contracts
- Title and registration
- Validity and enforceability
- CPR 55 possession proceedings
- Substantive defences
- Appointment of LPA receivers
- FSMA/MCOB compliance
- Unfair relationships - s 140A Consumer Credit Act 1974
- CPR 83 execution
- CPR 73 charging orders
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