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Santander PLC v Harris (2024) EWHC 351 (KB) A quick note on a sad case. This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for...
Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB) Another one for the 'don't do this' pile. This was a High Court hearing of an ex parte application for an 'emergency injunction' to stay an eviction (amongst other things). Mr Morgan was defending...
[Updated 8 August 2022 to correct re LPC being on the record as party's solicitor and significance of this.] This is an issue that has come up here a few times (eg this post and this post) - the rights of audience of people who do not have a right of...
There is now a deluge of new materials ahead of Monday 21 September restarting of possession proceedings. All out today are: The Master of the Rolls published version of the 'Overall Arrangements for possession proceedings in England and Wales', which,...
A round up of where we are on possession claims, notices, etc. and then what we will need to know for the future. This post is, of course, a hostage to fortune. The present moment stuff is right, but if the Govt goes the high risk route of retrospective...
The stay on possession claims imposed by CPR 55.29 was due to end on Sunday 23 August. In an extraordinary, after the last minute, step, on 20 August 2020 the Lord Chancellor directed the Master of the Rolls and the Civil Procedure Rules Committee to amend...
It appears that the Court of Appeal is to hear a challenge to Practice Direction 51Z on 30 April 2020. The case is called Arkin v Marshall. a) this involves two claims for possession on residential mortgages, apparently by a receiver b) the challenge is to:...
Following the announcement yesterday evening, here is the 117th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related. This introduces Practice Direction 51Z The Master of the Rolls and the Lord Chancellor have signed Practice...
Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337 The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that...
Sahota v Prior & Anor (2019) EWHC 1418 (Ch) Just a short note, but worth it, because every angel in heaven sings when a 'sale and rent back' set up comes to grief Briefly, Mr & Mrs Prior bought their home 35 years ago. At some point, they got into...
A post on a significant gas certificate/s.21 case will follow shortly, but for now a couple of news items... Regulations have been made bringing the Homelessness Reduction Act into force on 3 April 2018. The Statutory Code of Guidance has not yet been...
Following on from this post and then this one, there are further developments on the issue of rights of audience for 'solicitors agents' or 'advocates' - those who turn up to represent a party despite not being qualified to provide advocacy on their own...