Update 2026

January

Ashrafi v Belmont Green Finance Ltd [2025] EWHC 3247 (Ch)

A High Court decision (15 Dec 2025) dismissing an appeal by occupiers against a possession order, confirming that beneficial ownership interests do not override a lender's security obtained via apparent authority.


Fairmont Property Developers UK Ltd v Venus Bridging Ltd and others [2025] EWCA Civ 1513; [2025] EGCS 192

The Court of Appeal considered the exceptional circumstances in which a mortgagor may be permitted to take control of the sale of property in receivership.


Afan Valley Ltd (in administration) and others v Lupton Fawcett LLP [2026] EWCA Civ 2

The Court of Appeal considered the scope for professional negligence claims arising from investor losses in failed investment schemes.


Anderson and another v Curtis and others [2025] EGCS 207

This is a recent decision highlighting the financial consequences of disputed property rights, including potential liabilities and costs arising from contested land transactions.

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February

TMTF (NH) Ltd v Havin Hevedi & Anor [2025] EWHC 1013 (Ch)
The High Court held that the defendant was not in actual occupation of the property at the time the mortgage was granted, so any alleged beneficial interest did not constitute an overriding interest under Schedule 3 paragraph 2 of the Land Registration Act 2002. As a result, the lender’s registered charge took priority, and the lender was entitled to possession.

Estate of Euan McIntyre Lindsay (Deceased) & Anor v Outlook Finance Ltd & Anor [2025] EWHC 3100 (KB)
This case enabled the High Court to explore when a judgment obtained by fraud may be set aside not only against the fraudulent party but also against an innocent co-defendant. The case highlights the interaction between fraud and equitable principles as well as the practical implications for lenders.

Ebanks v (1) Salcombe Road Limited, and (2) Onesavings Bank Plc  
This case concerned a reference to the FTT by HM Land Registry in relation to the dealing with an application to alter the register and remove a purported unlawful transfer of registered title and related charges. The case required close scrutiny of numerous documents, statements from numerous witnesses who provided conflicting accounts of the history of property transactions and the application of registration principles under the Land Registration Act 2002.
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