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Update 2024

January

Franklin v Flexmize Capital Ltd (unrep) BPC Richards J 09 Oct 2023

Whether a borrower can apply to set aside a final sealed order for possession under CPR 3.1(7)

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February

Baylis v Haider [2024] EWHC 187 (Ch)

Transfer – mortgage – setting aside – FSMA 2000

Cadogan v Bank of Scotland Plc [2024] EWHC 165 (Ch)

Charging order – order for sale – modifying the practice form to PD73A

Morgan v Business Mortgage Finance 5 Plc [2024] EWHC 309 (KB)

Mortgage possession proceedings – whether High Court will interfere with county court

Santander Plc v Harris [2024] EWHC 351 (KB)

Extension of time for permission to appeal – principles to be applied

Lloyds Banking Group Plc v Burnley Borough Council [2024] UKUT 020 (LC)

Compulsory purchase – mortgage

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March

EFG Private Bank Ltd v Babaee [2024] EWHC 444 (Ch)

Bankruptcy – value of security

Patel v Awan [2024] EWHC 464 (Ch)

Charging order – interim order for payment of costs on account

Kumar v LSC Finance Ltd [2024] EWCA Civ 254

Regulatory compliance – investment property exemption – form of declaration – entitlement to 3% pm default interest

Bluestone Mortgages Ltd v Stoute (Unrep, Canterbury County Court, 4 March 2024)

Breathing space moratorium – application by mortgage lender for cancellation – meaning of qualifying debt and non-eligible debt in relation to secured debt

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