1 February 2012 | Jackie Hanlon
This appeal concerned nine test cases involving purchase and leaseback schemes whereby owners of properties (“the Vendors”) had sold their homes to purchasers (“the Purchasers”), who had promised...
Tags on this discussion: charge mortgage overriding interests sale and leaseback
6 January 2012 | Steven Mills
Where a bank takes steps to enforce a mortgage against the borrower, a bank is usually entitled to recover all of its costs including solicitor’s costs from the borrower on a full indemnity basis. ...
Tags on this discussion: account charge legal costs mortgage solicitors act 1971
17 November 2011 | Steven Mills
Last December, I reviewed the case of McGuinness v Norwich and Peterborough Building Society [2010] EWHC 2989, which considered whether a guarantee liability is a liability for a liquidated sum within...
Tags on this discussion: bank bankrupcy banks guarantee guarantor Insolvency insolvency rules
16 November 2011 | Jackie Hanlon
Last month, following a consultation between 10 March and 2 June 2011, the Office of Fair Trading (OFT) published a revised version of its Debt Collection Guidance. It was last revised in December 2006.
The...
Tags on this discussion: banks consumer credit act consumer protection consumers Credit Cards Debt Collection Guidance Debt recovery debtors debts Irresponsible Lending Guidance lenders Office of Fair Trading OFT
13 July 2011 | Jackie Hanlon
Where a borrower makes an arrangement with a lender following a possession order for arrears to be added to the loan, but then the borrower subsequently falls into arrears again, is the lender entitled...
Tags on this discussion: arrears mortgage Repossession suspended possession order warrant for possession
7 October 2010 | Michael Oberwarth
The Department for Communities and Local Government has published new Guidance to the Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MRPTA).
The growth in the letting of property and the...
Tags on this discussion: banking banks Landlord landlord and tenant lenders Mortgage repossession Repossession tenants
8 September 2010 | Jackie Hanlon
Part 55 of the CPR which deals with possession proceedings is being amended from 1 October. The amendments are as follows:
Unauthorised tenants living in a mortgaged property are allowed to apply to...
Tags on this discussion: banking banks Mortgage repossession Repossession
20 July 2010 | Kerry Talbot
In a recent case in which I was involved, the proposed representative had acted as advocate on behalf of the claimants on a number of previous applications both in a prior set of proceedings in connection...
Tags on this discussion: banking banks civil procedure McKenzie friend rights of audience
14 July 2010 | Jackie Hanlon
Tightening of regulation was inevitable given the financial turmoil that followed the global economic downturn which exposed the flaws in the UK mortgage market. Clear regulatory guidelines are welcomed...
24 June 2010 | Karen Jacobs |
Can a court make a finding of actual undue influence even if this is not pleaded? Even where a finding of undue influence is made, if one part of the transaction is not affected by the undue influence,...
Tags on this discussion: banking banks mortgage mortgages undue influence
Jackie Hanlon 
