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What duty of disclosure does a lender owe a guarantor?

10 March 2011 | Steven Mills Comments Off

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...

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Sale and leaseback schemes

30 December 2010 | Karen Jacobs Comments Off

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...

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Claim of privilege failed

30 December 2010 | Steven Mills Comments Off

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...

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Charging orders

30 December 2010 | Karen Jacobs

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...

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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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New case: Consumer credit requests for information

19 November 2009 | Steven Mills Comments Off

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...

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