Training - www.legalmortgage.co.uk

Professional in-house training on all aspects of mortgage law and litigation...

Nigel Clayton is an experienced speaker and professional trainer on all aspects of mortgage law and litigation, with particular emphasis on the law, practice and procedure of mortgage possession actions in the county court. Courses can be CPD accredited and provided in-house in standard form or tailor-made to clients' specific requirements. Examples of some standard form courses are shown below.

1. Introduction to mortgage possession actions/review of statistics and current issues

2. Government/Financial Initiatives
- Income Support for Mortgage Interest
- Mortgage Rescue Schemes
- Homeowner Mortgage Support Schemes
- Deferring possession proceedings
- MortgageHelp Website
- MoneyMadeClear Website

3. Pre-Action considerations
- The Mortgage Arrears Pre-Action Protocol

4. Procedural Issues
- CPR 55 - Practice and Procedure checklist

5. Major litigation issues
- Mortgage Frauds
- Undue Influence/Misrepresentation and Etridge
- Overriding Interests
- Subrogation

6. Orders, enforcement and subsequent issues
- Human Rights
- S 36 Administration of Justice Act 1970
- Execution
- Unauthorised Tenants
- Sales at an undervalue
- Limitation and shortfall debt recovery

7. Caselaw/legislation update

8. Questions and Answers

Standard long course: 3hours General

1. Detailed review of practice and procedure
- The Mortgage Conduct of Business Rules (MCOB)
- The Mortgage Arrears Pre-Action Protocol
- N123 Pre-Action Protocol Checklist
- CPR 55 Practice and Procedure Checklist
- Review of forms and orders

2. Effective case management
- How to prepare for court
- Striking out and summary judgment
- Tackling the first hearing
- Case management and the overriding objective
- Disclosure issues
- Preparing your evidence
- The use of experts

3. Topical issues

Standard short course: 2 hours Practice and Procedure

1. Overview of defences - how to run them and how to deal with them

2. Major issues
- Mortgage Frauds/Forgeries
- Undue Influence/Misrepresentation and Etridge
- Overriding Interests
- Subrogation - how it works in practice

3. Alternative remedies

4. Topical issues

Standard short course: 2 hours Litigation Issues

Terms and Conditions

1. Standard long courses are priced at £750.00 + VAT + disbursements. Standard short courses are priced at £500.00 + VAT + disbursements. Disbursements will include reasonable travelling expenses and any additional administrative costs.
2. Non-standard courses will be priced on application.
3. Payment in cleared funds required at least 7 days prior to presentation.
4. Full written course notes are provided by e-mail in advance of presentation. The course presenter will require facilities to present a powerpoint presentation.
5. The course presenter cannot offer advice on individual cases but can prepare a tailor-made course to deal with topical or hypothetical problem cases.
6. Whilst reasonable care will be taken to ensure that the course content is accurate and up to date no liability will be accepted by reason of breach of contract, negligence or otherwise for any loss or damage (whether direct, indirect or consequential) occasioned to any person acting or omitting to act upon the course material or presentation of the course.
7. Copyright in all course material belongs to Nigel Clayton. No part of the course material may be reproduced in any form or for any purposes without the prior written permission of Nigel Clayton.

Enquiries and bookings

All enquiries should be made to Nigel Clayton, preferably by e-mail:

Nigel Clayton
Kings Chambers
36 Young Street
Manchester
M3 3FT

E. nclayton@kingschambers.com