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Archive 2022

January

Case: Buwule v MT Finance Ltd [2021] EWHC 1725 (QB)

Injunction – receivers – contract for sale – timing – sale at undervalue

Case: Read v Eastern Counties Leather Group Ltd [2022] EWHC 31 (Ch)

Tomlin Order – enforcement – claim to set aside – application to strike out/summary judgment – principles to be applied

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February

Case: Campbell v Chief Land Registrar [2022] EWHC 200 (Ch)

Mortgage deed – compliance with s 2 Law of Property (Miscellaneous Provisions) Act 1989 – registration – whether a mistake - application for rectification and/or indemnity – application to strike out/summary judgment

Case: T Class Security Ltd v Latchworth Ltd [2021] EWHC 3579 (Ch)

Charging order – whether Tomlin Order is a judgment or order for the purposes of s 1 Charging Orders Act 1979 – priority dispute – application to discharge

Case: Smith v The Royal Bank of Scotland Plc [2021] EWCA Civ 1832

S 140A Consumer Credit Act 1974 – limitation – duration of unfair relationship

Article: Nigel Clayton's Top Ten Tips on Mortgage Possession Proceedings

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March

Case: Campbell v Tyrrell [2022] EWHC 423 (Ch)

Consumer Credit - loan agreement and second legal charge - whether regulated agreement – business exemption in s 16B CCA 1974 - burden of proof - whether unfair relationship - jurisdiction

Case: Axnoller Events Ltd v Brake [2022] EWHC 459 (Ch)

Order for possession - entitlement to ‘forthwith’ order

Ashraf v Lester Dominic Solicitors and others [2022] EWHC 621 (Ch)

Registered property – fraudulent disposition – subsequent transfer and charge - sale by mortgagee – whether susceptible to challenge – adequacy of pleadings

Publication: HM Land Registry Practice Guide 76: Charging Orders updated

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April

Case: Arthistory Ltd v Campbell [2022] EWHC 848 (Ch)

Facility agreement and legal charge – whether regulated activity – whether carried on ‘by way of business’ – whether unfair relationship

Case: Brierley v Otuo [2022] EWHC 688 (Ch)

Charging orders – interpretation of consent order – allocation of debts between joint defendants – application to vary

Case: Volpi v Volpi [2022] EWCA Civ 464

Appeals against findings of fact

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May

Case: Lees v Kaye and Dixon [2022] EWHC 1151 (QB)

Charging order - enforcement – possession and sale – effect of debt respite moratoria under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium)(England and Wales) Regulations 2020

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June

Case: Nature Resorts Ltd v First Citizens Bank Ltd [2022] UKPC 10

Mortgage – undue influence - presumption of undue influence – role of solicitor in rebutting presumption - business transaction readily explicable on ordinary motives

Case: Property Services LDN Ltd v Nash [2022] EWHC 1330 (QB)

Receivers - without notice injunction to restrain sale of property – locus of law of property act receivers to attend return date and make representations

Case: Brierley v Otuo [2022] EWHC 1530 (Ch)

Charging orders – whether amount required to redeem subject to an estoppel by convention – whether capable of charging unassessed costs

Publication: Government announces reform of Consumer Credit Act 1974

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July

Case: R (on the application of Mortgage Agency Services Number Five Ltd) v Financial Ombudsman Service Ltd

[2022] EWHC 1979 (Admin)

Complaint to FOS – jurisdiction – limitation – standard variable rate changes

Case: Summers v TSB Bank Plc [2022] EWHC 1068 (Ch) and [2022] EWHC 1691 (Ch)

Vesting order – overriding interest - priorities

Case: Sangamneheri v The Co-Operative Bank Plc [2021] EWHC 3785 (Comm)

Order for possession – application to set aside – application to strike out

Case: Pepper v Pyper [2022] NICh 13

Redemption of mortgage – validity of tender by promissory note

Publication: New 2022 Chancery Guide

Publications: HM Land Registry updates:

Practice Guide 36a: Dispositions executed by Law of Property Act Receivers

Practice Guide 29: Registration of legal charges and deeds of variation of charge

Practice Guide 75: Transfer under a chargee’s power of sale

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August

Case: Mint Bridging Ltd v Earthrise Developments Ltd [2021] EWHC 3800 (Comm)

Development finance – loan facility, guarantee and legal charges - effect of anti-set off provisions and conclusive evidence provisions

Publications: HM Land Registry updates Forms and Practice Guides

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September

Case: S & B Consultancy Services Ltd v Bourn [2022] EWHC 2539 (Comm)

Regulatory compliance – carrying on regulated activities in breach of general prohibition – meaning of ‘Agreement’ in s 26(3) FSMA 2000 – whether summary judgment available

Publication: HM Land Registry updates Form DS3 (Mortgage: Release of part of the land for lenders)

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October

Case: Taylor v Legal and General Partnership Services Ltd [2022] EWHC 2475 (Ch)

Interest-only mortgage – misselling – claim for damages for professional negligence - requirements

Case: Aujla v Aujla (unrep) Reading County Court 5 October 2022

Mediation– Tomlin Order – application to set aside for undue influence and duress

Publication: HM Land Registry updates Practice Guide 29 (Registration of legal charges and deeds of variation of charge) and Practice Guide 31 (Discharge of charges)

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November

Case: Financial Conduct Authority v London Property Investment (UK) Ltd [2022] EWHC 2862 (Ch)

Regulatory compliance – general prohibition in s 19 FSMA 2000 – whether activity carried on ‘by way of business’ – enforcement order in s 28 FSMA 2000 – remedies available to FCA

Case: Mortgage Funding 2008-1 Plc v Ramsay [2022] EWHC 2368 (KB)

Writ of possession – attendance by enforcement officer – borrower left in possession – whether writ fully executed

Legislation: Minor amendment to Mortgage Repossessions (Protection of Tenants) Act 2010

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December

Case: Kaye v Lees and Dixon [2022] EWHC 3326 (KB)

Case: Bushby and Edwards v Actua Investment LLC [2022] EWHC 3232 (Ch)

Equitable charge by company – non-compliance with registration requirements – consequential order for cancellation of UN1

Publication: HM Treasury announce mortgage lenders’ commitments to borrowers

Publication: HM Treasury extends Mortgage Guarantee Scheme

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