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Archive 2018


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This is the archive for 2018. Click on the link to download
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Month Case/Publication Details Download
Jan 18 Midtown Acquisitions LP v Essar Global Fund Ltd (unrep QBD 16 January 2018) Charging orders – priorities – ‘first past the post’ principle
Feb 18 Heaney v McEvoy [2018] NICA 4 O'Neill v Bull & Bull (A Firm) (Unrep) Canterbury County Court 5 Feb 18 Sinha v Saluja (Unrep) Ch D 21 Feb 18 Publication: Tomlin Order for possession - grounds to set aside Solicitors - professional negligence - mortgage conditions - duty to advise Receivers - injunction to rstrain sale HM Land Registry Practice Guide 29: Registration of legal charges and deeds of variation of charge
Mar 18 NRAM Ltd v Steel [2018] UKSC 13 Fortwell Finance Ltd v Halstead [2018] EWCA Civ 676 Hyett v Wakefield Council [2018] EWHC 337 (Admin) Antoine v Barclays Bank Plc [2018] EWHC 395 (Ch) Herron v Bank of Scotland Plc [2018] NICA 11 Crowther v Arbuthnot Latham & Co (Unrep) QBD (Commercial Court) 27 February 2018 Lederer v Allsop LLP (Unrep) Ch D 13 March 2018 Publication: Mortgage - security – discharge – negligent misrepresentation Mortgage lending – regulated activities – consent order Receivers - liability for council tax Land Registration - legal charge – court order – forgery – correction of ‘mistake’ Securitisation – practice and procedure Tomlin order – consent to sale of security not to be unreasonably withheld – purpose of provision Receivers - injunction – balance of convenience HM Land Registry updated Practice Guide 75: transfer under a chargee’s power of sale
April 18 Green v Southern Pacific Mortgage Ltd [2018] EWCA Civ 854 Scott v The Mortgage Business Plc [2018] EWHC 668 (Ch) Armstrong v Ashfield District Council [2018] EWCA Civ 873 Watson v Eyre [2018] EWHC 500 (Ch) Mortgage possession claim – disabled borrower in arrears – whether refusal to switch to interest-only loan amounted to unlawful discrimination Sale at an undervalue – strike-out – litigant in person – application for relief from sanction Order for possession – terms of suspension providing for automatic discharge – jurisdiction All-monies charge – rectification – rescission for misrepresentation – principles to be applied
May 18 Woodeson v Credit Suisse (UK) Ltd [2018] EWCA Civ 1103 Santos-Albert v Ochi [2018] EWHC 1277 (Ch) Publication: Publication: Mortgage litigation - claim for declaration as to entitlement to damages and set-off - limitation - summary judgment Charging orders - scope of amendments allowed under 'slip rule' Chancery Guide updated CML Guidance Note on Law of Property Act Receivers
June 18 Budhdeo v The Alternative Bridging Corporation (Cheval) Ltd [2018] EWHC 1294 (QB) Williams v Broadoak Private Finance Ltd [2018] EWHC 1107 (Ch) Publications: Practice and procedure – effect of CPR 24.3(2)(a)(i) and CPR 55.8(1) Order on administration for sale of property subject to security – Para 71, Sched B1, Insolvency Act 1986 Updated HM Land Registry Practice Guides 36a and 75
July 18 Moore v National Westminster Bank Plc [2018] EWHC 1805 (TCC) Doran v Paragon Personal Finance (1) Limited (Unrep) Manchester County Court, 26 June 2018 Legislation: Publication: Breach of contract – failure by lender to provide HomeBuyer Report – quantum of damages – diminution in value or cost of repair Fixed sum credit agreement – PPI commission paid to lender - unfair relationship – limitation - remedies Creditworthiness Assessment Bill HM Land Registry Practice Guide 29: Registration of legal charges and deeds of variation of charge
Aug 18 Sparkasse Koln Bonn v Cutts [2018] EWHC 1879 (Ch) GBQ Investments Ltd v Mortgage Express (Unrep) Ch D 4 July 2018 Charging order – third parties – case management – assessment of subsequently produced declaration of trust Mortgages – redemption action – duplicate proceedings – grounds on which court would refuse to strike out
Sept 18 Stoffel & Co v Grondona [2018] EWCA Civ 2031 Chickombe v Financial Conduct Authority [2018] UKUT 258 (TCC) Mortgage fraud – illegality – sham transaction - professional negligence - quantum Regulated agreements – unauthorised broker – validation order – requirement to consider consume detriment
Oct 18 Santander UK Plc v Fletcher [2018] EWHC 2778 (Ch) Publication: FCA Consultation Paper CP18/31 Mortgage fraud – transfer into joint names – mortgage against one set aside – entitlement to equitable charge Increasing the jurisdiction and powers of the Financial Ombudsman Service
Nov 18 Leon v HM Attorney-General [2018] EWHC 3026 (Ch) Goldhill Finance Company Ltd v Berry (Unrep) Central London County Court, 26 Oct 2018 UBS AG v Rose Capital Ventures Limited [2018] EWHC 3137 (Ch) Alexander v Willow Court Management Co Ltd [2018] EWCA Civ 2325 Insolvency - dissolution of company – entitlement of individual co-mortgagor to vesting order Stay of warrant under s 36 Administration of Justice Act 1970 – entitlement to peaceable re-entry in the meantime – whether an unfair relationship – appropriate order to make Mortgage conditions – early termination on 3 months’ notice – implication of Braganza term – susceptibility to strike out Adjournment on medical grounds – adequacy of medical evidence required
Dec 18 Mason v Godiva Mortgages Ltd [2018] EWHC 3227 (QB) McDonagh v Bank of Scotland Plc [2018] EWHC 3262 (Ch) Antoine v Barclays Bank Plc [2018] EWCA Civ 2846 Philbin v Davies [2018] EWHC 3472 (Ch) Publication: Misselling – self-certification, interest-only mortgage – income misstated by broker - claim against lender for damages for breach of statutory duty – MCOB – failure to check stated income Receivers - sale at an undervalue – property included in a portfolio of properties Land Registration - legal charge – court order – forgery – correction of a ‘mistake’ Sale at an undervalue – connected sale – marketing and valuation evidence FCA thematic review TR18/5 on the management of long-term arrears and forbearance

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