Welcome
to LegalMortgage.co.uk

A legal information website which provides helpful guidance and regular updates on all aspects of the law, practice and procedure involving mortgage law and litigation. 

About

This site is edited by Nigel Clayton, Barrister and Mediator, Kings Chambers

Nigel is a member of the Business & Property Group at Kings Chambers, a leading civil set of Chambers based in Manchester, Leeds and Birmingham. He was Called to the Bar in 1987 and sits as a Civil and Business & Property Court Recorder. Nigel is also accredited by the ADR Group as a Civil and Commercial Mediator.
   
Since qualifying, Nigel has practised solely in property law and related estates work, and specialises in mortgage law and litigation. He has considerable experience of acting for banks, building societies and centralised lenders, as well as borrowers. He has appeared in several high-profile cases and is the author of Mortgage Possession Actions (Sweet & Maxwell) and the Atkin's Court Forms, Vol 28(1) on Mortgages (2024) (LexisNexis). He is the mortgage editor of the Property Law Website (www.propertylawuk.net ) and is a regular speaker on mortgage law.

Significant reported cases

  • CIBC Mortgages Plc v Pitt [1994] 1 AC 200 HL (mortgages, undue influence)
  • Maes Finance Ltd v Shriskantharaja [1998] EWCA Civ 485 (mortgages, appeals)
  • Eagle Star Insurance Co Ltd v Karasiewicz [2002] EWCA CIV 940 (mortgages, subrogation)
  • Michael v Miller [2004] EWCA Civ 282 (mortgages, mortgagees’ duties on sale)
  • First Mortgage Securities (No 9) Ltd v Smith [2005] EWHC 2455 (Ch) (mortgages, possession orders, judgments) 
  • Nolan v Wright [2009] 3 All ER 823 (mortgages, consumer credit, limitation)
  • English v English [2010] EWHC 2058 (Ch) (mortgages, forgery, ratification, solicitors duty of care 

Recommendations

Nigel is regularly ranked as a band 1 leading individual for real estate work in the Chambers UK and Legal 500 Directories

Memberships

  • Northern Business and Property Bar Association
  • Northern Circuit and North Eastern Circuit
  • Society of Trust and Estate Practitioners

Appointments

  •  Junior Counsel to the Crown (2000)
  • Recorder: Civil (2003), Business & Property (2006), Family (2011)

     
      Mortgage work

Link to CV

 Connect with me on LinkedIn

Nigel is frequently instructed on a range of mortgage issues:
  • Drafting and interpreting mortgage contracts
  • Title and registration
  • Validity and enforceability
  • CPR 55 possession proceedings
  • Substantive defences
  • Appointment of LPA receivers
  • FSMA/MCOB compliance
  • Unfair relationships - s 140A Consumer Credit Act 1974
  • CPR 83 execution
  • CPR 73 charging orders

Subscribe for free monthly updates

If you would like to subscribe to our FREE monthly update service, please enter your email address below. 

Contact Us