Archive 2023

Archive 2023

January

Case: In re Peak Hotels and Resorts Ltd, Candey Ltd v Crumpler [2022] UKSC 35; [2023] 1 WLR 342
Solicitor’s equitable lien – equitable charge – whether waived or surrendered after taking security
Case: Ashraf v Lester Dominic Solicitors [2023] EWCA Civ 4
Property and mortgage fraud – completion arrangements – duty of care of solicitor owed to third party – assumption of responsibility when verifying identity in form AP1
Case: Yee Shi Yin v 174 Law Solicitors Ltd [2023] EWCA Civ 13
Conveyancing – development – release of deposits by stakeholder pending registration of legal charge
Case: Kaye v Lees [2023] EWHC 152 (KB)
Application to cancel mental health crisis moratorium – application for injunction to restrain further breathing space or mental health crisis moratoria
Publication: UK Finance guidance on the cost of living increase
Publication: HM Land Registry Practice Guide 31: discharge of charges

Download file

February

Case: Bank of Scotland Plc v Hoskins [2023] EWHC 306 (Ch)
CPR 55 mortgage possession hearing – applications to amend – s 140A etc CCA 1974 – regulatory compliance – claim for damages for breach of MCOB – beneficial interest – form of consent – s 36 AJA 1970
Case: Goldhill Finance Ltd v Smyth [2023] EWHC 362 (KB) 
Statutory and regulatory compliance – Regulated Mortgage Contract – exemptions – whether unfair relationship provisions apply – whether new point can be taken on appeal
Case: Kensington Mortgage Company Ltd v The Mayor and Burgesses of the City of London [2023] EWHC 121 (Ch)
Mortgage of lease – dissolution of co-debtor and mortgagor – disclaimer of lease - entitlement of individual co-debtor to vesting order or subrogation

Download file

March

Case: Mortgage Express v Ramsay [2023] EWHC 566 (KB)
Mortgage possession proceedings – failure to attend remote hearing – whether an appeal or application to set aside – promptness – real prospect of success

Download file

April

Case: Brierley v Otuo [2023] EWHC 919 (Ch)
Charging orders – orders for sale inclusive of sale costs - effect of discharge of orders by payment of underlying debts - entitlement to costs of attempted sales
Publication: Updated HMLR Practice Guide 29: Registration of legal charges and deeds of variation of charge
Publication: House of Commons Library Reseach Briefing on mortgage prisoners

Download file

May

Case: B2 Bridging LLP v NV Management (Eur) Ltd (unrep) HHJ Johns KC, County Court at Central London, 4 May 2023
Mortgage possession proceedings – bridging loan at 5% per month compounded – whether unenforceable as a regulated mortgage contract – whether a ‘sham’ transaction – whether an unfair relationship under s 140A etc CCA 1974 – whether the rate of interest amounted to a common law penalty or an unfair term under s 62 Consumer Rights Act 2015 – whether entitlement to rescind for secret commissions 
Article: Missing in action: mortgage enforcement under section 126 Consumer Credit Act 1974
Consultation paper: Strengthening Protections for Borrowers in Financial Difficulty: Consumer Credit and Mortgages

Download file

June

Case: Lewis v West Bromwich Building Society (and other claims) [2023] EWHC 1361 (KB)
‘Freemen on the Land’ style claimants – High Court claims designed to obstruct county court enforcement – striking out
Case: Houssein v London Credit Limited [2023] EWHC 1428 (Ch)
Regulatory compliance – unregulated lending assuming borrowers not in occupation – consequences – sham – waiver/breach – whether default rate of 4% a penalty – undue influence
Case: MSP Capital Ltd v Hillborough Hall Farms Ltd (unrep) HHJ Walden-Smith, Cambridge County Court, 24 January 2023
Breathing space moratorium – guarantee to secure company indebtedness - qualifying debts and non-eligible debts – stay of enforcement
Publication: Mortgage Charter: A set of standards agreed by the UK’s largest mortgage lenders to provide support for people struggling with mortgage repayments.
Update: Civil Procedure Amendment Rules (No. 2 of 2023)

Download file

July

Case: Seculink Limited v Shah [2023] EWHC 1706 (KB)
Appeal - possession order and money judgment – default rate 12% pcm compounded - judge’s findings on default rate/penalty and unfair relationship – effect of lender’s concession on amount claimed
Case: Santander UK Plc v Carlin [2023] NICh 5
Mortgage possession proceedings – litigants in person – vexatious applications – strike out – reliance on ChatGPT – impugning the professional integrity of the lawyers
Case: Kumar v LSC Finance Ltd [2023] EWHC 1439 (Ch)
Whether loan agreements entered into by an unregulated lender were unenforceable as regulated mortgage contracts – whether there was an unfair relationship for the purposes of s 140A etc CCA 1974 – default rate 3% pcm

Download file

August

Case: CPF One Limited v OSF (UK) II Limited [2023] EWHC 2102 (Ch)
Syndicated loan agreement – settlement of debt and release of security – whether security trustee owes equitable duty to obtain best price reasonably obtainable similar to that owed by mortgagee
Case: Re Hussain (a bankrupt) [2023] EWHC 493 (Ch)
Bankruptcy – application for sale of jointly owned matrimonial home - whether severance of beneficial interests and increased share of one party to reflect (joint) remortgage monies received by other a transaction at an undervalue
Publication: HM Land Registry Practice Guide 31: discharge of charges

Download file

September

Case: Azam v Molazam [2023] EWHC 2202 (Ch)
Transfer – setting aside for undue influence – requirements for presumption to be applied – unconscionable bargain
Case: HMRC Commissioners v Walsh [2023] EWHC 2213 (Ch)
Default judgment – charging orders – application for orders for sale – whether ECHR engaged – structured sale
Case: Waller-Edwards v One Savings Bank Plc [2023] EWHC 2386 (Ch)
Undue influence – constructive notice – partial surety case – principles to be applied - application of s 199 LPA 1925
Publication: HM Land Registry Practice Guide 31: discharge of charges

Download file

October

Case: Mortgage Five Zero Limited v The Secretary of State for Business and Trade
[2023] EWHC 2654 (Ch)
Mortgage business – s 2 Law of Property (Miscellaneous Provisions) Act 1989 – winding up petition
Case: Smith v Royal Bank of Scotland Plc [2023] UKSC 34
S 140A etc Consumer Credit Act 1974 - unfair relationship – limitation – how the unfair relationship regime applies

Download file

November

Case: MS Lending Group Limited v LVR Capital Limited [2023] EWHC 2509 (Ch)
Company charges – rectification of the companies register – making of administration order
Case: Marsay v Barclays Bank UK Plc [2023] EWHC 2301 (Comm)
Sale at undervalue – involuntary bailment of chattels left on premises – principles to be applied - application to strike-out
Case: Barclays Bank UK Plc v Terry [2023] EWHC 2726 (Ch)
Mortgage – mistaken discharge – application for summary judgment to rescind and for alteration of the register
Case: Interbay Funding Ltd v Palama Developments Ltd [2023] EWHC 2430 (Ch)
Mortgage enforcement – transfer to High Court - application by occupier stay eviction on numerous grounds
Case: Azhar v All Money Matters (t/a TFC Home Loans) [2023] EWCA Civ 1341)
Offer of mortgage – arrangement fee – liability to pay – relevance at trial of ‘confirmation of instructions letter’ – whether new point capable of being taken on appeal

Download file

December

Case: Shokrollah-Babaee v EFG Private Bank Ltd [2023] EWHC 3270 (Ch)
Damages – claim against mortgage lender for breach of statutory duty (MCOB) and common law duty of care – overvaluations – strike-out
Case: McGuiness v Avery Gee [2023] EWHC 3283 (Ch)
Appointment of administrators under debenture – challenge to validity of appointment based on breach of s 26 FSMA – standing of director of company to apply for injunctive relief after administrators appointed

Download file
If you would like to subscribe to our FREE monthly update service, please enter your email address below. 

Contact Us

Share by: