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Archive 2014

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This is the the archive for 2014. Click on the link to download the full monthly update.

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Month Case/Publication Details Download
Dec 14 NRAM Plc v McAdam [2014] EWHC 4174 (Comm) Residential mortgage lending – ‘Together Mortgage’ - Unregulated and unsecured CCA element – packaged as CCA protected – whether lender bound by contract or estoppel to afford CCA protection
Nov 14 AIB Group (UK) Plc v Mark Redler & Co [2014] UKSC 58 Fred Perry (Holdings) Ltd v Genis (Unrep) Ch D (Master Price) 1 Aug 2014 Bank of Ireland v Shah (Unrep) QBD (HHJ Seymour QC) 20 November 2014 CML Lenders' Handbook amendments Solicitors – negligence – breach of trust – equitable compensation - quantum Charging orders – application for order for sale – effect of ss 14-15 Trusts of Land and Appointment of Trustees Act 1996 – effect of home rights under Family Law Act 1996 Possession order – eviction – penal notice – committal 1st December 2014
Oct 14 Campbell v Redstone Mortgages Ltd [2014] EWHC 3081 (Ch) Day v Tiuta International Ltd [2014] EWCA Civ 1246 Graves v Capital Home Loans Ltd [2014] EWCA Civ 1297 Commercial First Business Ltd v Munday [2014] EWCA Civ 1296 Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 Mortgage possession proceedings – execution – application to recover goods left on the property – new issues going to validity of mortgage – how to deal with a vexatious borrower Mortgage claims – summary judgment – cross-claim for unliquidated damages – alternative claim based on subrogation – availability of subrogation Buy-to-let mortgage – conditions enabling lender to enforce if borrower mentally incapable – appointment of receiver – sale – whether unfair relationship under ss 140A-140B Consumer Credit Act 1974 – second appeal Separate all-monies charges – separate judgments – estoppel – cause of action estoppel – s 36 Sale and leaseback – overriding interest – Sched 3, para 2 LRA 2002 – whether purchaser acquired personal or proprietary right – indivisibility of transaction
Sept 14 Bank of Scotland Plc v Rea [2014] NIMaster 11 New HM Land Registry Practice Guide 15: Civil Procedure Rules 75th Update: 1st October 2014 Mortgage possession claims – practice of capitalising arrears – whether included in current monthly instalment Overriding interests and their disclosure
Aug 14 Day v Tiuta International Ltd [2014] EWHC 2583 (Ch) Bank of Scotland Plc v Waugh (No.2) [2014] EWHC 2835 (Ch) Co-operative Bank Plc v Phillips [2014] EWHC 2862 (Ch) Mortgages - summary judgment - cross-claim for unliquidated damages – subrogation – Article 1 defence Mortgage proceedings - finality of judgment - ability to re-open - order for execution of charge under s 39(1) Senior Courts Act 1981 Second charges - claims for possession - no equity available - abuse of process - collateral purpose - costs consequences of discontinuing
July 14 McDonald v McDonald [2014] EWCA Civ 1049 Bank of Scotland Plc v Waugh [2014] EWHC 2117 (Ch) Publications: HM Land Registry Practice Guides Buy to let mortgage – Assured Shorthold Tenancy – powers of LPA Receivers to serve s 21 Notice – availability of Article 8 defence Validity of mortgage deed – estoppel - equitable charge – mortgage conditions
June 14 Credit and Mercantile Plc v Kaymuu Ltd [2014] EWHC 1746 (Ch) Paratus AMC Ltd v Lewis [2014] EWHC 1577 (Ch) Reminders: Scott v Southern Pacific Mortgages Ltd AIB Group (UK) Plc v Mark Redler & Co Solicitors Mortgage – beneficial ownership – overriding interest – priorities – entitlement to costs Mortgage proceedings – contempt of court by lender – appropriate sanctions
May 14 E.Surv Limited v Goldsmith Williams Solicitors [2014] EWHC 1104 (Ch) Civil Procedure (Amendment) Rules 73rd Update HM Land Registry Practice Guide 29 HM Land Registry Practice Guide 75 Publication: Lending, Debt Collection and Mental Health Publication: Housing Possession Research Project Professional negligence – solicitors – CML Handbook - Bowerman duty – apportionment of liability as between valuers and solicitors Registration of Legal Charges and Deeds of Variation of Charges Transfer under a Chargee’s power of sale
April 14 Urban Ventures Limited v The Black Ant Company Limited (in Administration) [2014] EWHC 1161 (Ch) Highbury Pension Fund Management Company v Zirfin Investments Limited (Unrep) Deputy Master Bartlett, Chancery Division, 18th February 2014 The County Court Jurisdiction Order 2014 SI 2014/503 Mortgage Market Review Mortgages - Priorities – whether renewal of facilities a further advance Mortgage – order for possession – late application for stay by wife Increase in county court equity jurisdiction
Mar 14 Swift 1st Limited v The Chief Land Registrar (Unrep) Richard Sheldon QC, Chancery Division, 31 January 2014 Aodhcon LLP v Bridgeco Limited [2014] EWHC 535 (Ch) Paratus AMC Limited v Lewis (Unrep) Norris J, Chancery Division, 24 February 2014 Civil Procedure Rules – 72nd Update – April 2014 Mortgages – Land Registration – rectification of register – entitlement to indemnity – quantum - interest Mortgages – duty to obtain best price reasonably obtainable - sale at undervalue Mortgage - application of surplus proceeds of sale – jurisdiction of county court for payment in Amendments to CPR 55, CPR PD 55A and 55B, CPR 73 and CPR PD 73
Feb 14 Bank of Scotland Plc v Joseph [2014] EWCA Civ 28 Santander UK Plc v R A Legal [2014] EWCA Civ 183 Day v Shaw [2014] EWHC 36 (Ch) The Mortgage Business Plc v Oliver & Co [2013] EWHC 3240 (QB) Thakker v Northern Rock (Asset Management) Plc (Unrep) Queen’s Bench Division 6 February 2014 Legal Charge - extent of protection afforded by unilateral notice – subrogation to unpaid vendor’s lien Conveyancing – solicitors – breach of trust – s 61 Trustee Act 1925 - causation Mortgage – equitable exoneration Mortgages – disclosure of borrowers file – confidentiality/privilege Mortgage possession claim – non-compliance with MCOB – whether equitable set-off
Jan 14 The Mortgage Business Plc v Green [2013] EWHC 4243 (Ch) Swift Advances Plc v McKay [2013] NICA 72 HM Land Registry Practice Guide 29 Registration of legal charges and deeds of variation of charge Mortgage – undue influence – mother and son – notice and agency - subrogation Consumer Credit Act 1974 - Regulated Agreement - Modifying Agreements

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