Update 2025
January
Together Commercial Finance Ltd v Fay of London Ltd [2025] EWHC 12 (Ch)
Mortgage possession proceedings - third party application to be joined in claiming a right of occupation by way of constructive trust or proprietary estoppel
Ultimate Bridging Finance Ltd v 4 Fairweather Close Ltd [2025] EWHC 19 (Ch)
Conveyancing – negligence – breach of trust – failure to discharge charges and register new lender – application for summary judgment by borrower against solicitors
Publication: HM Land Registry Practice Guide 75: Transfer under a chargee’s power of sale
February
MacDonald Hotels Ltd v Bank of Scotland Plc [2025] EWHC 32 (Comm)
Mortgages – Braganza implied terms – whether lender entitled to refuse consent to disposals
Bhatia v Purkiss [2025] EWHC 359 (Ch)
Charging order – application for possession and sale – third party application disputing beneficial interest of judgment debtor
Fairmont Property Developers UK Ltd v Venus Bridging Ltd (unrep, ChD 25 Feb 2025)
Mortgage enforcement – application for order for sale under s 91 Law of Property Act 1925 – principles to be applied
Publication: Mortgage Prisoners Inquiry Bill 2024-25 (HL Bill 33)
March
Seculink Ltd v Forbes (No 2) [2025] EWHC 524 (Ch)
Debt Respite Scheme Regulations – whether mortgage principal is a moratorium debt
Publication: HM Land Registry Practice Guide 75: Transfer under a chargee’s power of sale
April
Bluestone Mortgages Ltd v Stoute [2025] EWHC 755 (Ch)
Debt Respite Scheme Regulations – enforcement of ‘mixed’ judgment for capital and arrears – requirement for court permission to enforce
Yerbury v AZETS Holdings Ltd [2025] EWHC 757 (KB)
LPA Receivers – whether employer vicariously liable for breaches of duty to third parties
R v Financial Ombudsman Service Ltd on the application of Chapman (Santander UK Plc third party) [2025] EWHC 905 (Admin)
Standard variable rate interest-only mortgage – bank refusing to switch products – subsequent complaint to FOS – time limits – waiver
McGuinness v Goldentree Financial Services Plc [2025] EWHC 870 (Ch)
Regulatory compliance – investment property loan – summary judgment
HNW Lending Ltd v Lawrence [2025] EWHC 908 (Ch)
Mortgage possession proceedings – miscellaneous defences, including entitlement to sue under Contracts (Rights of Third Parties) 1999 – applications to strike out
Basyouni v Anthony Gold Solicitors [2025] EWHC 1001 (Ch)
Conveyancing – professional negligence – error in reporting to mortgage lender – whether causative of loss – application for summary judgment
Publication: HM Land Registry update Practice Guide 76: charging orders
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