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The Court of Appeal considered the question of how much information a lender is obliged to give a guarantor? Although the case did not involve a retail bank, the principles highlighted are of wider relevance.
The...
Sale and leaseback schemes
The court was asked here to determine preliminary issues in 9 test cases concerning the controversial sale and lease back schemes. These schemes enabled the occupiers of property to sell their property...
Claim of privilege failed
A lender requested copies of the complete file from a defendant firm of solicitors who acted for both the lender and the borrower on a conveyancing transaction. The defendant solicitors claimed that...
Charging orders
A creditor obtained a charging order over a property based on a judgment in which a company had been ordered to pay £11,500 in costs. In addition, the company had been ordered to pay into court the sum...
Bank takes subject to beneficial interest
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...
New case: Consumer credit requests for information
The claimant had sent a request to the bank for information under section 77 of the Consumer Credit Act 1974. For a period of time, the bank could not locate the loan agreement and so could not comply...