‘A change of rules aimed at helping lower the housing costs of thousands of so-called “mortgage prisoners” has been proposed by the City watchdog.’
BBC News, 26th March 2019
Source: www.bbc.co.uk
‘On 30 January 2019 the Court of Appeal gave their judgment in the case of Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40. The following day judgment was handed down by the Honourable Mr Justice Bryan in AssetCo Plc v Grant Thornton UK LLP [2019] EWHC 150.’
Littleton Chambers, 14th February 2019
Source: www.littletonchambers.com
‘In Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, the Court of Appeal yet again had to consider the application of the SAAMCO principle. Perhaps most significantly, the decision underlines the need to distinguish between ‘information’ and ‘advice’ cases when assessing the extent of a defendant’s liability for professional negligence.’
Hardwicke Chambers, 14th February 2019
Source: hardwicke.co.uk
‘On 22 January 2019 the House of Commons Science & Technology Committee (“STC”) held an inquiry into “Japanese knotweed and the built environment”. It received written submissions from 27 interested parties, ranging from the Law Society and Royal Horticultural Society to companies specialising in the treatment of non-native invasive species and concerned individuals.’
Hardwicke Chambers, 11th February 2019
Source: hardwicke.co.uk
‘The accusation that loyal customers are being “ripped off” for mobile, broadband, savings, home insurance and mortgage deals is to be investigated by the competition body.’
BBC News, 28th September 2018
Source: www.bbc.co.uk
‘There is “no public interest” in allowing a negligent conveyancer to avoid liability when they did not know that their client was actually engaged in mortgage fraud, the Court of Appeal has ruled.’
Legal Futures, 14th September 2018
Source: www.legalfutures.co.uk
‘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.’
The Guardian, 18th June 2018
Source: www.theguardian.com
‘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.’
Law Commission, 14th May 2018
Source: www.lawcom.gov.uk
‘The first digital mortgage deed was entered into the Land Register today following collaboration and testing with Coventry Building Society and Enact Conveyancing.’
Legal Futures, 5th April 2018
Source: www.legalfutures.co.uk
‘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.’
Legal Futures, 23rd February 2018
Source: www.legalfutures.co.uk
‘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.’
Law Commission, 24th November 2017
Source: www.lawcom.gov.uk/
‘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.’
Law Society's Gazette, 2nd October 2017
Source: www.lawgazette.co.uk
‘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.’
Tanfield Chambers, 4th August 2017
Source: www.tanfieldchambers.co.uk
‘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.’
Falcon Chambers, June 2017
Source: www.falcon-chambers.com
‘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.’
Legal Futures, 26th April 2017
Source: www.legalfutures.co.uk
‘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.’
The Guardian, 10th April 2017
Source: www.guardian.co.uk
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
‘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…”’
Hardwicke Chambers, 5th January 2017
Source: www.hardwicke.co.uk
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