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Mortgage arrears handling

27 January 2010 | Karen Jacobs

The Financial Services Authority has published proposals to strengthen existing rules on arrears handling.  The key arrears proposals: Make plain that firms must not add early repayment charges...

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Lord Justice Jackson’s report on costs in civil litigation

14 January 2010 | Karen Jacobs

Lord Justice Jackson’s report on costs in civil litigation has been published today.  His proposals make dramatic reading. The headline proposals are as follows: Conditional fees.  These are...

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What is the impact if a signature on a guarantee has not been authorised?

12 January 2010 | Karen Jacobs

If the signature is not authorised then the guarantee is not effective.  Section 4 of the Statute of Frauds Act 1677 provides that a guarantee must be in writing and signed by the guarantor or a person...

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When is a loan agreement unfair?

17 December 2009 | Karen Jacobs

The claimant had lent the defendant sums totalling £56,450 between 1979 and 1983.  Between 1982 and 2001, the defendant made payments totalling £72,336, but according to the claimant, interest had continued...

Summary judgment

17 December 2009 | Karen Jacobs

This was an application for summary judgment in relation to the recovery of loans and the payment of promissory notes.  The loans exceeded US$25 million. The loans were provided to enable the first...

Bank’s duty of care

17 December 2009 | Karen Jacobs

This case considered complaints that the bank had failed to act in accordance with normal banking practice and that it had not complied with advertisements which stated that there were locally based agricultural...

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Bank takes subject to beneficial interest

17 December 2009 | Karen Jacobs

The court found that the bank took subject to the occupier's beneficial interest in the property as they failed to make inquiry of him.  Paragraph 2 of schedule 3 to the Land Registration Act 2002 provides...

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