‘Grenfell’ cladding: couple could sue after £600,000 flat now worth £90,000 – The Guardian

Posted June 18th, 2018 in fire, health & safety, housing, mortgages, news, valuation by sally

‘A family who have seen the value of their London flat slashed from £600,000 to just £90,000 because of Grenfell-style cladding could sue a government agency that helped them buy their home.’

Full Story

The Guardian, 18th June 2018

Source: www.theguardian.com

Government shelves Goods Mortgages Bill – Law Commission

Posted May 17th, 2018 in bills, Law Commission, loans, mortgages, press releases by tracey

‘The Government has announced that it will not bring forward the Law Commission’s Goods Mortgages Bill. The Bill had been announced in last year’s Queen’s Speech and would have replaced the Victorian‑era Bills of Sale Acts – bringing greater protections to those who had taken out or who had unwittingly purchased cars with so-called “logbook loans”. But following additional consultation, the Government has said it will not bring forward reform in the area in the immediate future.’

Full press release

Law Commission, 14th May 2018

Source: www.lawcom.gov.uk

First digital mortgage added to Land Register as blockchain conveyancer adopts AI – Legal Futures

‘The first digital mortgage deed was entered into the Land Register today following collaboration and testing with Coventry Building Society and Enact Conveyancing.’

Full Story

Legal Futures, 5th April 2018

Source: www.legalfutures.co.uk

Law firm was negligent in property purchase but clients would have gone ahead anyway, court rules – Legal Futures

Posted February 23rd, 2018 in law firms, mortgages, negligence, news, valuation by tracey

‘A Kent law firm was negligent for failing to advise properly on a mortgage and valuation report (MVR), but this did not cause a couple in Canterbury to buy a house suffering from subsidence, a circuit judge has ruled.’

Full Story

Legal Futures, 23rd February 2018

Source: www.legalfutures.co.uk

Goods Mortgages Bill ready to write off unfair law on logbook loans – Law Commission

Posted November 24th, 2017 in bills, consumer protection, loans, mortgages, press releases by tracey

‘The Law Commission has today published a new draft Bill to put the brake on unfair rules on logbook loans and usher in a new era of better protection for consumers.’

Full press release

Law Commission, 24th November 2017

Source: www.lawcom.gov.uk/

Family: Undertakings and variations – Law Society’s Gazette

Posted October 2nd, 2017 in covenants, jurisdiction, mortgages, news, Supreme Court, undertakings by sally

‘While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders generally.’

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Law Society's Gazette, 2nd October 2017

Source: www.lawgazette.co.uk

In what circumstances can a court alter or rectify the land register where there has been a “mistake”? – Tanfield Chambers

Posted August 22nd, 2017 in appeals, land registration, mistake, mortgages, news, rectification by sally

‘It is well known that the governing principle of the Land Registration Act 2002 is to enable anyone to be aware of any interest affecting a piece of land by simply inspecting the land register (subject to some limited exceptions, e.g. where a person is in occupation and their interest is likely to be obvious from a reasonable inspection). If an interest affecting the land is not noted within the register then it ought not bind a subsequent registered proprietor.’

Full Story

Tanfield Chambers, 4th August 2017

Source: www.tanfieldchambers.co.uk

Finance and Divorce Update, August 2017 – Family Law Week

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.’

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Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

Cherry Picking – Falcon Chambers

Posted July 6th, 2017 in appeals, contracts, land registration, mortgages, news, sale of land by sally

‘The principles which apply to the construction and interpretation of “ordinary” contracts, are most famously set out in Investors Compensation Scheme and more recently explored in some other cases. Although Wood v Capita appears to indicate a continued trend in the authorities towards a stricter textual analysis, it remains the case that the context in which a contract was agreed, the “factual matrix”, is an important part of the Court’s armoury in establishing meaning.’

Full Story

Falcon Chambers, June 2017

Source: www.falcon-chambers.com

Blockchain technology will be “game changer” in conveyancing – Legal Futures

‘Blockchain-backed ‘smart contracts’ will be a “game changer” in property transactions, increasing certainty for buyers and sellers as well as speeding up the house-buying process, it has been claimed.’

Full story

Legal Futures, 26th April 2017

Source: www.legalfutures.co.uk

Man who torched dream home after row with building society is jailed – The Guardian

Posted April 11th, 2017 in arson, building societies, mortgages, news, sentencing by sally

‘A man who set fire to his dream rural retreat after a bitter dispute with a building society was found strumming a guitar and cooking on a barbecue next to the burning building by firefighters who arrived to help.’

Full story

The Guardian, 10th April 2017

Source: www.guardian.co.uk

Newsletter, Winter 2017 – Falcon Chambers

Posted February 17th, 2017 in costs, land registration, leases, mortgages, news, restrictive covenants by sally

Articles include:
Restrictive Covenants and Building Schemes Just Like Buses p.7
Land Registration and the Service of Notices: mind the gap p.10
Forks & Spades; Leases & Licences; Possession & Occupation p.14
Recovering Costs in the First-tier Tribunal (Property Chamber) p. 16

Newsletter (PDF)

Falcon Chambers, Winter 2017

Source: www.falcon-chambers.com

Subrogation to the Unpaid Vendor’s Lien- what is the procedure for obtaining an order for sale? – Hardwicke Chambers

Posted February 7th, 2017 in civil procedure rules, mortgages, news, sale of land, substitution by sally

‘A recent decision by Master Matthews in Menalou v Bank of Cyprus UK Limited [2016] EWHC 2656 (Ch), in a characteristically detailed and interesting judgment, reaffirms the author’s long-held view that the appropriate procedure for the a claimant, claiming to be subrogated to the unpaid vendor’s lien, to use is to apply for an order for sale and vesting/appointment orders under s90 Law of Property Act 1925. Section 90 reads as follows:

“90.— Realisation of equitable charges by the court.

(1) Where an order for sale is made by the court in reference to an equitable mortgage on land (not secured by a legal term of years absolute or by a charge by way of legal mortgage) the court may, in favour of a purchaser, make a vesting order conveying the land or may appoint a person to convey the land or create and vest in the mortgagee a legal term of years absolute to enable him to carry out the sale, as the case may require, in like manner as if the mortgage had been created by deed by way of legal mortgage pursuant to this Act, but without prejudice to any incumbrance having priority to the equitable mortgage unless the incumbrancer consents to the sale…”’

Full story

Hardwicke Chambers, 5th January 2017

Source: www.hardwicke.co.uk

FCA to review ‘close relationships’ in mortgage market – The Guardian

Posted December 13th, 2016 in conflict of laws, consumer protection, financial regulation, mortgages, news by sally

‘Britain’s financial watchdog has launched a review of the mortgage market that will probe the “inducements” routinely paid to brokers and other industry players, to see whether consumers are losing out as a result.’

Full story

The Guardian, 12th December 2016

Source: www.guardian.co.uk

CPS confiscates £4.2m from mortgage fraudster – Crown Prosecution Service

Posted November 23rd, 2016 in confiscation, Crown Prosecution Service, fraud, mortgages, press releases by tracey

‘A convicted mortgage fraudster has been stripped of more than £4 million in criminal assets after prosecutors forced him to sell off his property empire or face further time in prison.’

Full press release

Crown Prosecution Service, 18th November 2016

Source: www.cps.gov.uk

Airbnb – a wonderful idea or is it? – Tanfield Chambers

Posted November 9th, 2016 in covenants, hotels, landlord & tenant, leases, mortgages, news, nuisance by sally

‘Airbnb seems like a wonderful idea. You can rent out your flat whenever convenient without having to become a full-time landlord or hotelier. It’s an easy way to earn a little extra cash with the added bonus of a world-wide network of other people’s spare rooms available for that well-deserved weekend break. Airbnb now has 60m users, 640,000 “hosts”, 2m listings and 500,000 stays per night. It’s big!’

Full story

Tanfield Chambers, 22nd October 2016

Source: www.tanfieldchambers.co.uk

Cherie Booth: Challenge to buy-to-let tax ‘not over yet’ despite judicial review failure – Daily Telegraph

Posted October 7th, 2016 in interest, judicial review, mortgages, news, taxation by tracey

‘Campaigners led by Cherie Booth QC said that they would continue their fight against the changes to taxation of buy-to-let income after their application to launch a judicial review of the new law was turned down.’

Full story

Daily Telegraph, 7th October 2016

Source: www.telegraph.co.uk

Penniless conman who posed as wealthy tycoon jailed over scam to buy Anthony Eden’s childhood home – Daily Telegraph

Posted September 29th, 2016 in fraud, mortgages, news, sentencing by tracey

‘William Davenport, 60, who claimed to earn almost half a million pounds a year as a computer executive, promised to spend whatever it took to preserve Windlestone Hall near Bishop Auckland in County Durham for future generations. But rather than being a jet-setting business mogul with millions in the bank, Davenport, was in fact a penniless conman, who span an elaborate web of deceit in order to build up a mind boggling property portfolio.’

Full story

Daily Telegraph, 28th September 2016

Source: www.telegraph.co.uk

Judgment in default—failure to file defence to counterclaim – Hardwicke Chambers

Posted August 25th, 2016 in default judgments, defence, mortgages, news by sally

‘The claimant lender, C, sought possession of residential property owned jointly by D1 and his partner D2 (the property) pursuant to a purported legal charge entered into by both the D1 and D2 (the charge). The charge secured D1’s liability to C arising under a guarantee whereby D1 had guaranteed the indebtedness of his company, “Ascot” to C.’

Full story

Hardwicke Chambers, 3rd August 2016

Source: www.hardwicke.co.uk

Mortgage Express V. Lambert – Radcliffe Chambers

Posted August 23rd, 2016 in debts, housing, internet, misrepresentation, mortgages, news, setting aside by sally

‘In the autumn of 2007 Laura Lambert was in desperate financial straits. She had a flat worth £120,000, but could not manage the mortgage repayments. Through the internet she made contact with S and C who duly visited her. They told her, to her surprise, that the flat was worth only £30,000 and offered to buy it from her for that sum. They told her that she would be able to continue living there indefinitely. She agreed to their proposal.’

Full story

Radcliffe Chambers, 27th July 2016

Source: www.radcliffechambers.com