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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March

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

This case concerned an application by a defaulting mortgagor under s.91 of the Law Property Act 1925 whereby it sought the opportunity to market for sale a commercial warehouse property (“the Property”) over which the mortgagee had appointed receivers (“the Receivers”).


Alnajjar & Otrs v West One Loan Limited [2023] EWHC 315

A High Court case concerning a bridging loan and allegations of an unfair relationship under the Consumer Credit Act 1974. The court considered the terms of the lending arrangement, including default interest and fees, and whether they created an unfair relationship, highlighting the scrutiny applied to high-cost short-term lending in property transactions.


Renters Rights Act 

This new legislation will have serious consequences for the private rental sector. 

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May

Mentmore Golf Investments Ltd v Gaymer [2025] EWHC 2604

The High Court has confirmed that a mortgagee may validly apply for relief from forfeiture after a possession order has been made, provided the order has not yet been executed. The decision provides important clarification on the timing and procedure for such applications, whilst also highlighting the risk of an application being treated as an abuse of process depending on the circumstances.

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