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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

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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)

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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

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