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Archive 2021

January

Update: Updated FCA Guidance extends stay of enforcement of mortgaged residential premises until 1st April 2021

Publication: New Form N244 Application Notice

Case: Re Industrial North West LLP (In Administration) [2020] EWHC 3052 (Ch)

Redemption - legal mortgage - liability for contingent costs - clog on equity of redemption

Case: SLF Associates Inc v HSBC (UK) Bank Plc [2021] EWHC 5 (Ch)

Possession Order - subsequent redemption claim by option holder - abuse of process

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February

Update: The Public Health (Coronavirus)(Protection from Eviction)(England)(No2) Regulations 2021

Publication: House of Commons Research Briefing: Mortgage Arrears and Repossessions (England)

Case: Promontoria (Pine) Designated Activity Company v Hancock [2021] EWHC 259 (Ch) Part 55 proceedings – unfair relationship – burdens of proof – summary determination – effect of redactions to Deed of Assignment

Case: Williams v Simm [2021] EWHC 121 (Ch)

Validity of legal charge – CPR 24 summary judgment – practice and procedure – necessary parties

Case: CFL Finance Ltd v Laser Trust [2021] EWCA 228

Tomlin Order – scheduled agreement – re-scheduling guarantee liabilities - whether providing ‘credit’ for the purposes of the CCA

Casenote: Vyas v Nationwide Building Society (unrep) 29 January 2021 QBD Steyn J

Admissibility of evidence – transcript of phone calls

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March

Update: FCA Updated Guidance for firms: Mortgages and coronavirus

Repossessions to resume after 1st April 2021

Case: Morley v The Royal Bank of Scotland Plc [2021] EWCA Civ 338

Mortgage enforcement – compromise – threat to appoint receivers – intimidation and economic duress – breach of duty

Case: Ross v Attanta Limited [2021] EWHC 503 (Comm)

Negligent financial advice – missold interest-only mortgage – limitation - date of knowledge for purposes s 14A – correct measure of loss and damage

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April

Case: Wood v Commercial First Business Ltd [2021] EWCA Civ 471

Brokers - undisclosed commission - rescission of loan agreement and mortgage

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May

Case: Dansingani v Canara Bank [2021] EWCA Civ 714

Mortgage litigation – delay in handing down judgment - whether decision unjust because of serious procedural irregularity

Case: Jackson v Ayles [2021] EWHC 995 (Ch)

Regulated mortgage contracts – general prohibition – ‘by way of business’ test – whether just and equitable to enforce

Case: Houssein v London Credit Ltd (unreported) Falk J 12 May 2021

Injunction – balance of convenience – whether default in compliance with terms of facility letter – whether default interest at 4% pcm is a penalty

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June

Case: Bhattacharya v Oaksix Holdings Ltd [2021] EWHC 1326 (Ch)

Regulated mortgage contract – breach of general prohibition – unenforceable agreement – right to recover money - limitation

Case: Fernandes v Bank of Scotland Plc [2021] EWHC 1610 (Ch)

Mortgage litigation – sale at an undervalue – whether determined on its merits - issue estoppel

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July

Case: Re Harris [2021] EWHC 1771 (Ch)

Unregistered land – Class C(i) Land Charge - application for permission to issue Part 8 claim to vacate land charge without naming defendant

Publication: HM Treasury Statement on Mortgage Prisoners

Publication: HM Land Registry updates sign your mortgage deed service

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August

Case: Victus Estates (2) Ltd v Munroe [2021] EWHC 2411 (Ch)

Forged transfer – effect on title and charge - illegality

Case: Fraine v Foy [2021] EWHC 2302 (Ch)

Payment into court – application for payment out – equitable charge

Case: Financial Conduct Authority v Barons Finance Ltd [2021] EWHC 2363 (Ch)

Unlicensed lending under the CCA 1974 – unauthorised lending under the FSMA 2000 – regulator’s power to apply for an injunction under s 380(2) FSMA 2000 – removal of charges at HM Land Registry

Case: Ahuja Investments Ltd v Victorygame Ltd [2021] EWHC 2382 (Ch)

Sale and purchase – loan agreement – default interest - penalty

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

Publication: HM Land Registry updates Practice Guide 6: Devolution on the death of a proprietor

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September

Case: Wood v Commercial First Business Ltd [2021] EWHC 1403 (Ch)

Mortgage – rescission – secret commission – restitution – accounting – terms of account

Case: Serene Construction Ltd v Salata [2021] EWHC 2433 (Ch)

Sale at an undervalue – valuation evidence – whether planning permission remained extant at time of sale

Case: Mars Capital Finance Ltd v Hussain [2021] EWHC 2416 (Ch)

Transfers of loans and mortgages – portfolio sale agreement - statutory formalities – conclusiveness of register

Publication: HM Land Registry updates Practice Guide 31: Discharge of mortgages

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October

Case: Day v Carmichael [2021] EWHC 2728 (Comm)

Charging order – order for possession and sale – application to set aside pending application to set aside charging order – court’s approach

Case: Rahbarpoor v Suliman [2021] EWHC 2686 (Ch)

Possession claim – validity of declaration of trust – forgery - admissibility of spent convictions re fraud

Publication: HM Land Registry updates Practice Guide 76: Charging orders

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November

Update: Overall Arrangements for Possession Proceedings for England and Wales ends

Update: Practice Direction 55C ends, subject to extension in respect of notice requirements

Publication: HMCTS publishes note on Possession Reform Project

Case: Promontoria (Oak) Ltd v Emanuel [2021] EWCA Civ 1682

Loans – assignment – s 136 Law of Property Act 1925 - redaction – application of Hancock guidance

Case: Bank of Scotland Plc v Hoskins [2021] EWHC 3038 (Ch)

Mortgage possession proceedings – counterclaim for damages – strike out or summary judgment – scope of full and final settlement in previous Tomlin Order

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December

Update: Amendments to Practice Direction 55C

Update: UK Finance and Building Societies Association announce moratorium on possessions over Christmas

Case: Global 100 Limited v Laleva [2021] EWCA Civ 1835

CPR 55.8(2) – meaning of “where the claim is disputed on grounds which appear to be substantial”

Case: Liddiment v Hull [2021] EWHC 3418 (Ch)

S 36 Administration of Justice Act 1970 – whether exercise of discretion should await trial to quantify the debt

Publication: Bank of England to consult on abolition of affordability rules for mortgages

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