Archive 2024

Update 2024

January

Franklin v Flexmize Capital Ltd (unrep) BPC Richards J 09 Oct 2023

Whether a borrower can apply to set aside a final sealed order for possession under CPR 3.1(7)

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February

Baylis v Haider [2024] EWHC 187 (Ch)

Transfer – mortgage – setting aside – FSMA 2000

Cadogan v Bank of Scotland Plc [2024] EWHC 165 (Ch)

Charging order – order for sale – modifying the practice form to PD73A

Morgan v Business Mortgage Finance 5 Plc [2024] EWHC 309 (KB)

Mortgage possession proceedings – whether High Court will interfere with county court

Santander Plc v Harris [2024] EWHC 351 (KB)

Extension of time for permission to appeal – principles to be applied

Lloyds Banking Group Plc v Burnley Borough Council [2024] UKUT 020 (LC)

Compulsory purchase – mortgage

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March

EFG Private Bank Ltd v Babaee [2024] EWHC 444 (Ch)

Bankruptcy – value of security

Patel v Awan [2024] EWHC 464 (Ch)

Charging order – interim order for payment of costs on account

Kumar v LSC Finance Ltd [2024] EWCA Civ 254

Regulatory compliance – investment property exemption – form of declaration – entitlement to 3% pm default interest

Bluestone Mortgages Ltd v Stoute (Unrep, Canterbury County Court, 4 March 2024)

Breathing space moratorium – application by mortgage lender for cancellation – meaning of qualifying debt and non-eligible debt in relation to secured debt

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April

One Savings Bank Plc v Waller-Edwards [2024] EWCA Civ 302 + Article

Mortgages - undue influence - hybrid cases

FCA finalised guidance FG 24/2

Firms supporting their existing mortgage borrowers impacted by the rising cost of living

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May

Islam v Islam [2024] EWHC 1082 (Ch)

Forgery – sham – principles to be applied – evidence - expert handwriting evidence

Stamp and others v Capital Home Loans Ltd and others [2024] EWHC 1092 (KB)

Mortgages – assignment of equitable interest to special purpose vehicle – claim for damages – application to strike out

Financial Conduct Authority v London Property Investments (UK) Ltd [2024] EWHC 1276

Breach of general prohibition – remedies available to FCA

Publication: HM Land Registry updates Practice Guide 76: Charging orders

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June

Patel v Patel [2024] EWHC 1412 (Comm)

Mortgage – guarantee – payment in discharge – entitlement to indemnity

Publication: HM Land Registry updates Practice Guide 30: Approval of mortgage documentation and Practice Guide 31: Discharge of charges

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July

Antuzis v D J Houghton Catching Services Ltd [2024] EWHC 1795 (Ch)

Charging orders – orders for sale - CPR 73.10C – ss 14-15 TOLATA 1996

Pure Retirement Ltd v Estate of Reginald Burdett [2024] EW Misc 22 CC

Lifetime mortgage – claim following death of mortgagor – claims or interests of third parties

Phil Ryan v LVR Capital Ltd [2024] EWHC 1866 (Ch)

Freemen on the Land

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August

Coutts-Lovie v Topaz Finance Ltd [2024] EWHC 2079 (Ch)

Mortgage – claim for an account – application to strike out – court’s approach to weighing the evidence required for an account

Civil Procedure (Amendment No. 3) Rules 2024 and 171st Practice Direction Update

Amendments coming into force on 1st October 2024

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September

Carvill-Biggs v Reading [2024] EWCA Civ 1005

Administrators – entitlement to possession in IA 1986 proceedings where extant county court CPR 55 mortgage possession proceedings and LPA Receivers appointed – appeals – whether to set aside stay of possession pending appeal

Breeze v TSB Bank Plc [2024] EWHC 2427 (Ch)

Entitlement to charge different SVR – preliminary issues about (1) express terms, and (2) application of unfair relationship provisions in s 140A etc CCA 1974 to regulated mortgage contracts

Appeal pending: One Savings Bank Plc v Waller-Edwards from [2024] EWCA Civ 302

Legislation: Mortgage Prisoners Inquiry Bill 2024-25 (HL Bill 33)

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October

Burns v Bridge [2024] EWHC 2620 (Ch)

Interpretation of deed of priorities – whether sale at an undervalue

Bank of Scotland Plc v Burnley Borough Council [2024] UKUT 328 (LC)

Compulsory purchase – mortgage – procedure

Malik v Messalti [2024] EWHC 2713 (Ch)

Charging order – setting aside transactions under s 423 Insolvency Act 1986 – knowledge required

Lloyds Bank Plc v Mealham [2024] EWHC 2737 (Ch)

Mortgage possession proceedings – extreme behaviour by litigant in person – trial management and sanctions

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November

Lowry Trading Ltd v Musicalize Ltd and others [2024] EWHC 2653 (KB)

Charging orders – whether interest in land under uncompleted contract for sale

Raja v ATM Law Ltd and others [2024] EWHC 2782 (Ch)

Charging orders – burden of proving judgment debtor disposed of interest in land as a result of various documents

Royle v Together Commercial Finance Ltd [2024] EWHC 2915 (Ch)

Action for an account – whether statute-barred – application for summary judgment or striking out

Anwer v Clifford and others [2024] EWHC 2856 (KB)

Mortgage proceedings – abuse of process – court’s case management powers

Publication: HM Land Registry Practice Guide 31: Discharge of charges

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December

Social Money Ltd v Attwells Solicitors LLP [2024] EWHC 3288 (Ch)

Professional negligence - mortgage identity fraud - enforcement of contractual undertakings - breach of trust - application for summary judgment

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