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Archive 2015


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This is the archive for 2015. Click on the link to download
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Dec 15 Southern Pacific Mortgage Limited v Green (Unrep) Bristol County Court 19 Nov 2015 Banwaitt v Dewji [2015 EWHC 3441 (Ch) Monks v National Westminster Bank Plc [2015] EWHC 2310 (Ch) Publications Mortgage possession claim – disabled borrower in arrears – whether refusal to switch to interest-only loan amounted to unlawful discrimination Charging order over beneficial interest of joint owner – whether overreached by sale and transfer of property to other joint owner Conduct of banking facilities – agreement to capitalise mortgage instalments – whether ‘arrears’ – adverse credit reporting Updated Practice Guide 29 and notification of time limit on period for resolving disputed applications
Nov 15 Bank of Cyprus UK Limited v Menelaou [2015] UKSC 66 Purewal v Countrywide Residential Lettings Limited [2015] EWCA Civ 1122 Goldsmith Williams Solicitors v E.Surv Limited [2015] EWCA Civ 1147 Walton v Allman [2015] EWHC 3325 (Ch) Swift Advances Plc v Ahmed [2015] EWHC 3265 (Ch) UK Acorn Finance Ltd v Dickinson [2015] EWCA Civ 1194 US Mortgage Finance II LLC v Dew (unrep) QBD Comm Ct 3 Nov 2015 Aldermore Bank Plc v Rana [2015] EWCA Civ 1210 LBI HF v Stanford [2015] EWHC 3131 (Ch) JSC BTA Bank v Zharimbetov (unrep) QBD Comm Ct 13 Nov 2015 Moosun v HSBC Bank Plc [2015] EWHC 3308 (Ch) The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.3) Order 2015 Unjust enrichment – subrogation – unpaid vendor’s lien Liability of LPA Receivers to bankrupt mortgagor Professional negligence – solicitors – CML Handbook - Bowerman duty – contribution proceedings between surveyors and solicitors – burden of proof Charging order – stage at which court required to quantify interest of judgment debtor Mortgage litigation – effect of deed vesting beneficial interest in another – setting aside under s 423 Insolvency Act 1986 Mortgage litigation – regulated activities by unauthorised persons – abuse of process US mortgage agreement incorporating foreign choice of law clause - US judgment for foreclosure/deficiency – jurisdiction of English court Re-mortgage transaction – advance - breach of trust – whether completion taken place S 36 Administration of Justice Act 1970 – period of suspension where term expired and borrower selling at shortfall – condition of order making payment in to make up shortfall Orders for possession and sale – leasing powers of mortgagor under s 99 Law of Property Act 1925 – whether best rent reasonably obtained Civil proceedings – dogs
Oct 15 Skelwith (Leisure) Limited v Armstrong [2015] EWHC 2830 (Ch) New HM Land Registry Practice Guide 75: Transfers under a chargee’s power of sale Unregistered charge – exercise of power of sale – whether mortgagee required to be in possession - extent of owner’s powers – whether mortgagee entitled to receive and give good discharge for mortgage money – whether could sell using power of attorney
Sept 15 Canada Square Ltd v Kinleigh Folkard & Hayward Ltd (Unrep) Central London County Court 17 September 2015 HM Land Registry Practice Guide 30: Approval of mortgage documentation. Guidance on how to discharge a charge (e-DS1) Mortgage valuation – professional negligence – claim against valuer – limitation – reliance - quantum
Aug 15 McMullon v Secure the Bridge Limited [2015] EWCA Civ 884 Harker v Reynolds (Unrep) Chancery Division, 24 August 2015 Doherty v Touchstone Lender Services [2015] NICA 52 HM Land Registry Practice Guide 75: transfers under a chargee’s power of sale Bridging finance – credit agreement – unfair relationship – entitlement to contractual interest Charging Orders – application for order for sale under CPR 73.10 – choice of court Receivers – validity of appointment
July 15 Wishart v Credit & Mercantile Plc [2015] EWCA Civ 655 NRAM Plc v McAdam [2015] EWCA Civ 751 A2 Dominion Homes Ltd v Prince Evans Solicitors (Unrep, Chancery Division, 15 July 2015) Swynson Ltd v Lowick Rose LLP [2015] EWCA Civ 629 Mortgage – beneficial interest – overriding interest – priorities – Brocklesby principle – extent of indemnity on costs Residential mortgage lending – ‘Together Mortgage’ – Unregulated and unsecured element – packaged as CCA protected – whether lender bound by contract or estoppel to afford CCA protection Legal charge – priority – agreement for lease – extent of protection conferred by unilateral notice Secured lending – negligent advice – measure of loss – whether subsequent refinancing precluded recovery
June 15 LSC Finance Limited v Abensons Solicitors [2015] EWHC 1163 (Ch) NRAM Plc v Evans[2015] EWHC 1543 (Ch) Conveyancing – mortgage – separate solicitor’s undertaking to lender – breach of authority – Quistclose trust – common law duty of care All-monies charge – bankruptcy – discharge of charge by mistake – rectification of register
May 15 Wood v Capital Bridging Finance Limited [2015] EWCA Civ 451 Cadlock v Dunn [2015] EWHC 1318 (Ch) HSBC Bank Plc v Brown [2015] EWHC 259 (Ch) TBAC Investments Ltd v Valmar Works Ltd [2015] EWHC 1213 (Ch) Axton v GE Money Mortgages Limited [2015] EWHC 1343 (QB) Publication Mortgage – regulated consumer credit agreement – business exemption in s 16B – enforcement order under s 127 Equity of exoneration – joint loan by husband and wife to re-acquire husband’s beneficial interest from trustee in bankruptcy – whether loan made to secure husband’s debt Undue influence – Etridge guidelines – whether bank can rely on certificate signed by solicitor Appointment and change of LPA Receivers – validity of notice to complete by vendor “acting by the Receivers” Fixed sum credit agreements – PPI arranged through broker – misselling – application for summary judgment by mortgage lender Revised CPR 55 Pre-Action Protocol
Apr 15 Swift 1st Limited v The Chief Land Registrar [2015] EWCA Civ 330 Munroe v Northern Rock Asset Management Plc [2015] EWHC 943 (QB) Publications Registered charge – forgery – entitlement to indemnity under Sch 8 LRA 2002 Mortgage litigation – litigant in person – appeal - second strike out application – non-compliance with directions pending application Updated Land Registry Practice Guides 29 and 30
Mar 15 Publication The Mortgage Credit Directive Order 2015
Feb 15 Alexander v West Bromwich Mortgage Co Ltd [2015] EWHC 135 (Comm) Ahmad v Bank of Scotland Plc [2014] EWHC 4611 (Ch) JSC BTA Bank v Ablyazov (Unrep) QBD Comm Ct 13 February 2015 Mortgage documents - contractual construction - offer of loan – mortgage conditions – right to vary interest rates – notice to terminate early Receivers - whether precipitate appointment – sale at undervalue – loss and damage – issue estoppel Charging Orders - application for final order – unless order – application for relief from sanction by judgment debtor’s wife
Jan 15 Destine Estates Ltd v Muir [2014] EWHC 4191 (Ch) AB and others v Goldsmith Williams Solicitors and others [2014] EWHC 4520 (Ch) Schubert Murphy v The Law Society (unreported) QBD 17 December 2014 Morkot v Watson & Brown [2014] EWHC 3439 (QB) Mortgage - Forgery – non est factum – misrepresentation – undue influence – rate of interest Mortgages - professional negligence – third part disclosure – mortgage data Professional negligence - duty of care – proximity - Law Society – duty to maintain Roll of Solicitors – liability to borrowers and lenders Professional negligence – gifted deposit – assessment of damages

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