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Archive 2019

January

Pontearso v Greenlands Trading Ltd (Unrep) Ch D Nugee J 16 January 2019

Short term lending – interest rates – unfair relationship

Pilgrim Rock Ltd v Iwaniuk (Unrep) Ch D Fancourt J 17 January 2019

Unfair relationship – terms and enforcement – variation of agreement

TFG Security Ltd v Shade (Unrep) Ch D HHJ Kramer 22 January 2019

Unregulated business lending – exemption – estoppel - penalty - unfair contract terms – unfair relationship

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February

Azhar v Accord Mortgages Ltd (unrep) Bradford County Court 07 Dec 2018

Mortgage possession proceedings – money judgment – finality of order – res judicata

Publications: Updated HM Land Registry Practice Guides 29 and 30

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March

Dhillon v Barclays Bank Plc [2019] EWHC 475 (Ch)

Forged dispositions – mistake - rectification – exceptional circumstances

Devon Commercial Property Ltd v Barnett [2019] EWHC 700 (Ch)

LPA Receivers – sale at undervalue – good faith – proper purpose – special purchaser – expert evidence

Taurusbuild Ltd v McQue [2019] UKUT 81 (LC)

Legal mortgage – implied grant of right to park and right of way

Update: FCA confirm increase in Ombudsman award limits

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April

Grandison v Joseph [2019] EWHC 977 (Fam)

Property adjustment order – mortgage – best endeavours – order for sale

R v Gopee [2019] EWCA Crim 601

Criminal law – unlawful money lending in breach of CCA 1974 and FSMA 2000

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May

Rose v Creativityetc Ltd [2019] EWHC 0143 (Ch)

Mortgage litigation - practice and procedure – late application to re-amend Particulars of Claim – principles to be applied

Salix Homes v Mantato [2019] EWCA Civ 445

Landlord and tenant – original suspended possession order – fresh proceedings – cause of action estoppel – abuse of process

Publication: HM Land Registry Practice Guide 75: Transfer under a chargee’s power of sale

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June

Wood v Watkin [2019] EWHC 1311 (Ch)

Presumption of resulting trust – presumption of advancement – effect of mortgage

Swift Advances Plc v Beharie [2019] UKFTT 0248 (PC)

Legal charge – effect of agreement to grant security over other property – equitable charge - agreed notice

Publication: HM Land Registry Practice Guide 30: Approval of mortgage documentation

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July

Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337

CPR 55 – finality of order for possession and money judgment – whether open to borrower to subsequently raise arguments about penalty/unfair relationship

Promontoria (Chestnut) Ltd v Bell [2019] EWHC 1581 (Ch)

Insolvency – guarantees - security – third party charges

Ryan v HNW Lending Ltd [2019] 7 WLUK 74

Short term lending – rolled up interest – calculation of sums due

Publication: HM Land Registry Practice Guide 76 Charging Orders

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August

Folgender Holdings Ltd v Letraz Properties Ltd [2019] EWHC 2131 (Ch)

Contract to grant security – summary judgment – principles to be applied – form and content of evidence in response

Publication: HM Land Registry’s ‘Sign Your Mortgage Deed’

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September

Promontoria (Henrico) Limited v Samra [2019] EWHC 2327 (Ch)

All-monies charge – term loan – default – assignment of debt – validity of assignment - unfair relationship

Richards v Avery-Gee [2019] EWHC 1956 (QB)

Mortgage – order for possession – notice to tenant or occupier – whether open to mortgagor to take a point about service

Boyo v Lloyds Bank Plc [2019] EWHC 2279 (QB)

Banks - credit reference reporting – defamation – breach of contract – breach of common law duty of care

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October

Menon v Pask and Goode [2019] EWHC 2611 (Ch)

Receivers – entitlement to claim possession – whether s 36 AJA 1970 available to mortgagor

Kensington Mortgage Company Ltd v Mallon [2019] EWHC 2512 (Ch)

Mortgage – overriding interest – proprietary estoppel – amendment to rely on constructive or resulting

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November

Wood v Commercial First Business Ltd (in liquidation) [2019] EWHC 2205 (Ch)

Commercial mortgage loans – secret commission - remedies – set-off

Howard and Pate v Bank of Scotland Plc (Unreported) HHJ Worster, Commercial Court, Birmingham 29 Oct 2019

Mortgage valuation - negligent misrepresentation – limitation – summary judgment

Leon v HM Attorney General [2019] EWCA Civ 2047

Companies Act 2006 - leasehold property held by company subject to mortgage – dissolution of company – bona vacantia – disclaimer of lease – entitlement to vesting order

Breakthrough Funding Ltd v Dougall [2019] 11 WLUK 254 Zacaroli J, Chancery Division, 14 November 2019

Charging order - consent order for sale – payment by instalments – whether liability susceptible to third party debt order

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December

Santander (UK) Plc v McAlary [2019] NICh 14

Mortgages – jurisdiction to stay/suspend pending sale at shortfall – s 36 Administration of Justice Act 1970 – s 91(2) Law of Property Act 1925

Publication: HM Land Registry Practice Guide 31: Discharge of charges

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