Archive 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)
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
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
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
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
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
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
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
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)
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
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
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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