The Law Gazette this week has a couple of articles on the new mortgage repossession/money claim protocol.
First is a clear and possibly optimistic outline of the requirements of the protocol from Christopher Atkinson. Well worth a read on the details and process.
Second is a view from DJ Peter Jolly, of Portsmouth, on the operation of current law and the likely impact of the protocol, noting that clear unreasonableness of behaviour is needed to apply a costs sanction. This is particularly interesting on the use of case citation by ‘bullish’ lenders.
The January 09 Legal Action also has an outline of the requirements of the protocol, such as they are, by Derek McConnell, but it isn’t available online.