Tag Archive for 'Limitation Act 1980'

Admit nothing. Deny everything

By J on 11/03/2010. 1 Comment

Ashcroft v Bradford & Bingley Plc [2010] EWCA Civ 223

Mr Ashcroft purchased a property with the aid of a mortgage from Bradford & Bingley in 1990. He failed to make a single payment and an SPO was obtained in April 1991. He breached the terms of the suspension and the property was subsequently sold by the building society in 1992. The proceeds of sale left a shortfall of c.£30,000.

In 1995 (i.e. 3 years later), the society wrote to Mr Ashcroft to ask how he proposed to pay the shortfall. Mr Ashcroft responded with “indignation at the time it had taken the building society to make the demand” but … Read the full post

Posted in FLW case note, Housing law - All and Mortgage possession. Tags: , .

Without Prejudice acknowledgment of title?

By NL on 18/03/2009. 0 Comments

Ofulue v Bossert [2009] UKHL 16 was an adverse possession case – we commented on the Court of Appeal hearing here, and that post gives the background. There was an appeal to the House of Lords which was primarily concerned with the limitation period of adverse possession. This is a late and brief report because the issues involved were not housing law in particular, but broader ones of evidence, limitation and civil procedure.

There is only one possession related issue. The Court of Appeal had held that an admission of title in a defence to a possession claim was an admission of freehold, not of immediate right to possession … Read the full post

Posted in Adverse possession, FLW case note and Housing law - All. Tags: , , , .

Taking your time

By J on 27/10/2008. 0 Comments

Yorkshire Bank Finance Ltd v Mulhall & anor [2008] EWCA Civ 1156

How long does a creditor who has the benefit of a charging order have to enforce that charge? In particular, if a creditor allows more than 12 years to pass after securing the charging order, can the debtor apply to have it set aside?

Mr & Mrs Mulhall had provided a guarantee to the bank in respect of some company borrowings. The company defaulted and the bank sought to enforce the guarantee. Judgment in default was obtained, followed by interim and final charging orders. The final order was made on 25 June 1991.

In January 2007, Mrs Mulhall … Read the full post

Posted in FLW case note, Housing law - All and Mortgage possession. Tags: , .
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