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Archive 2020

January

Syndicate Bank v Dansingani [2019] EWHC 3439 (Ch)
Mortgage – guarantee – company liabilities - husband and wife – undue influence – wife’s nominal role in company
Swift Advances Plc v Scott [2019] NICh 16
Mortgage – regulated agreement – unfair relationship
Publication: Law Society Practice Note on Mortgage Fraud

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February

Santander UK Plc v Ward [2020] NICh 2

Mortgage possession proceedings – orders – typographical errors – ‘Freemen’ – recusal

Kalsi v Bello [2020] 2 WLUK 136 (QBD 5 February 2020)

Order for possession – appeals and applications which are totally without merit

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March

***IMPORTANT ANNOUNCEMENT: CORONAVIRUS***

Milne v Open Access Finance Ltd [2019] EWHC 2517 (Ch)

Peer to peer lending – agency – representation order under CPR 19.6

Morley v The Royal Bank of Scotland Plc [2020] EWHC 88 (Ch)

Mortgages – enforcement – threat to appoint receivers to sell – intimidation – economic duress – best price reasonably obtainable

Promontoria (Oak) Ltd v Emanuel [2020] EWHC 104 (Ch) [2020] EWHC 563 (Ch)

Mortgage – assignment – title to sue – best evidence – effect of registration

Publication: HM Land Registry Practice Guides 29 and 31

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April

Update on the impact of the coronavirus

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May

Arkin v Marshall [2020] EWCA Civ 620

Civil Procedure Rules - CPR PD 51Z – effect of stay – relationship with court’s powers

London Borough of Hackney v Okoro [2020] EWCA Civ 681

Civil Procedure Rules - Part 55 possession proceedings – Appeals – Effect of stay in PD 51Z

Sangha v Amicus Finance Plc (in Administration) [2020] EWHC 1074 (Ch)

Civil Procedure Rules - mortgage – order for possession – application to set aside under CPR 3.1(7)

Dhillon v Barclays Bank Plc [2020] EWCA Civ 619

Land Registration – mortgage – rectification – ‘exceptional circumstances’

Centenary Homes Ltd v Liddell and Gershinson [2020] EWHC 1080 (QB)

Receivers – duties – requirement of good faith – sale at undervalue

Publication: FCA publishes updated draft guidance for mortgage lenders and mortgage administrators

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June

The Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020 SI 2020 No. 582

New CPR 55.29 replacing PD 51Z with effect from 25th June 2020

Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB)

Appeals – effect of stay

Bromford Housing Association Ltd v Nightingale [2020] EWHC 1532 (QB)

Appeals – effect of stay

CNM Estates (Tolworth Tower) Ltd v VeCREF I SARL [2020] EWHC 1605 (Comm)

Receivers – equitable duty to obtain best price – exemption clauses

LIV Bridging Finance Ltd v EAD Solicitors LLP (in administration) [2020] EWHC 1590 (Ch)

Solicitors – breach of trust – summary judgment

Publication: FCA Guidance for firms on mortgages and coronavirus

Publication: HM Land Registry Practice Guide 76: charging orders

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July

The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 SI 2020 No. 751

New Practice Direction 55C

TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833

CPR PD 51Z – effect of stay - appeals

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August

Update: CPR 55, PD 55C, CPR 83

FCA Review

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September

Update: Resumption of possession proceedings - forms and listing priorities

Publication: Updated FCA Guidance

Lees v Lloyds Bank Plc [2020] EWHC 2249 (Ch)

DSARs - Securitisation - Totally without merit applications

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October

Publication: House of Commons Briefing Paper 'Mortgage Arrears and Repossessions (England)' (Oct 20)

Bank of Scotland Plc v Burnley Borough Council [2019] UKUT 370 (LC)

Compulsory purchase – mortgaged property – determination of compensation payable

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November

Note: Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 (SI/2020/1290)

Publication: FCA updated guidance to firms on support to mortgage borrowers who face payment difficulties due to coronavirus

Stoffel & Co v Grondona [2020] UKSC 42

Mortgage fraud – solicitors’ negligence in failing to register documents – defence of illegality

Ghai v Maymask (228) Ltd [2020] UKUT 293 (LC)

Owner’s powers – entitlement to sell when property in receivership – s 26 Land Registration Act 2002

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December

Nothing to report

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