25 November 2010 | Steven Mills
Is a creditor entitled to bring bankruptcy proceedings in respect of a guarantee and indemnity?
In this case , the question the court asked was whether a guarantee liability, is a liability for a...
Tags on this discussion: bankruptcy debts guarantee indemnity liquidated damages
23 November 2010 | Shimon Shaw
A recent VAT decision of the Upper Tribunal will be of interest to companies in financial difficulty and their advisers.
HMRC v Airtours Holiday Transport Ltd [2010] UKUT 404 (TCC)
A large holiday...
Tags on this discussion: HMRC Insolvency redrow tax Taxation VAT
23 November 2010 | Steven Mills
The OFT has announced that it has uncovered problems about the use of charging order by some lenders.
Problems uncovered by the OFT's investigation were specific to each business, as set out in the...
Tags on this discussion: banking banks charging orders irresponsible lending lenders OFT threshold
18 November 2010 | Karen Jacobs
This recent case considered whether a person who had an overriding interest can be taken to have authorised a charge and so be bound by it.
Mrs Qutb had suffered from Alzheimer’s disease for a number...
Tags on this discussion: agency banking banks charge estoppel mortgage overriding interests
10 November 2010 | Karen Jacobs
What happens if you reach a settlement with one party, but not others?
In this case, Chelsea Building Society had repossessed and then sold a property, but then wished to pursue the mortgagors for...
Tags on this discussion: banking banks charge co-defendant debtor joint joint and several liability multi-party settlement
4 November 2010 | Karen Jacobs
Where one debtor owes different debts to two or more creditors, but one of the creditors can enforce its claim against more than one security and the other can only resort to one, the equitable principle...
Tags on this discussion: banking banks contract equity estoppel marshalling mortgage subrogation unjust enrichment
26 October 2010 | Jonathan Sachs
Is a valuer liable for any losses incurred in respect of its rental valuation as well as its valuation of the capital value of a property?
In March, this year the court held that a valuer had breached...
Tags on this discussion: appeal banking banks capital value contributory negligence negligence Professional Negligence rental value valuer
20 October 2010 | Karen Jacobs
Money was advanced by the claimant lender to the defendant solicitors with respect to a purchase of a property in Barnet. The claimant sent the firm of solicitors a standard certificate of title. The...
Tags on this discussion: banking banks charge Fraud mortgage mortgages tort trustees Trusts
20 October 2010 | Clare Stothard
This was a claim by a guarantor against a firm of solicitors. The solicitors had provided a certificate to the bank confirming that they had advised the claimant, Mr O’Sullivan, in relation to his...
Tags on this discussion: banking banks duty of care fraudulent misrepresentation Guarantees guarantor independent legal advice negligence reliance solicitors
14 October 2010 | Steven Mills
Where moneys advanced by a lender are used to pay off an earlier security, can the lender be subrogated to the rights under that earlier security so that it obtains priority over later charges?
On...
Tags on this discussion: banking banks charge charging order equitable charge legal charge subrogation
Steven Mills 
Clare Stothard 
