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
19 January 2012 | Karen Jacobs
This is yet a further case on Part 36 and the perils of not complying strictly with its provisions. On 6 April 2007, Part 36 was completely rewritten. In this case when the claimant put forward their...
Tags on this discussion: Civil Procedure Rules CPR Part 36
17 January 2012 | Steven Mills
This is a Court of Appeal judgment involving a debt of £5,000 owed by Mr Brandon in respect of his credit card with Amex.
On 19 June 2007, Amex issued a Default Notice asserting a breach of the agreement...
Tags on this discussion: civil procedure consumer credit consumer credit act default notice summary judgment
10 January 2012 | Steven Mills
This dispute centred on the meaning of a loan agreement and is an example of how a court will approach the question of construction of a loan agreement.
The purpose of the loan was to provide the claimant...
Tags on this discussion: agreement discretion loan loan agreement meaning of agreement
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
19 October 2011 | Steven Mills
This Court of Appeal decision focused on the narrow issue of the size of the commission, relating to the cost of payment protection insurance (“PPI”), which the borrowers alleged gave rise to an unfair...
Tags on this discussion: bank banking banks consumer credit act ICOB PPI unfair relationship
18 October 2011 | Karen Jacobs
This case considered whether to decline to make an interim charging order final if the effect would be to give one creditor priority in enforcing its judgment against other defendants.
Unusually there...
Tags on this discussion: charging order charging orders discretion enforcement Judgment creditor Judgment debtor parri passu
18 October 2011 | Steven Mills
This Court of Appeal decision raised the important question whether a bank’s obligation to make standard disclosure requires it to reveal the names of the bank employees who report suspicions of money...
Tags on this discussion: bank banking banks disclosure money laundering
Steven Mills 
