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There are new cases to report on - the Court of Appeal on suitability reviews and the PSED and the Upper Tribunal on leasehold works charges, fire resistant doors and disrepair - but those will have to wait for a couple of days. I've got places to be and...
A selection box of ECtHR cases from the last few months: Vrzić v Croatia 12/7/2016 The applicants were the owners of a property in Croatia. In early 2009, they secured finance from a private company and their property was used as collateral. The applicants...
We had a look at this issue many years ago, and now, with thanks to Gordon Exall at Civil Litigation Brief, there is information on a county court case on the point. This is of significance, and potential use, as the appearance of 'solicitor's agents' for...
Southern Pacific Mortgage Ltd v V [2015] EW Misc B42 (CC) (19 November 2015) This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession proceedings. Ms V had a £96,000 repayment mortgage from...
Moosun, & Ors v HSBC Bank Plc (t/a First Direct) [2015] EWHC 3308 (Ch) This was a part - surely now the end part - of a long running saga of a mortgage possession and sale. The novel (if unsurprising) point of law concerned the 'Ors' in this claim. You...
The latest episode in the ongoing saga of the unlawful moneylender Dharam Prakash Gopee [or sometimes Ghopee] has just been handed down. (To catch up with the extraordinary history of the predatory, unlawful secured lending of Mr Gopee's many and various...
An intriguing mortgage possession County Court case featuring a 'bad bank'. While the case itself turns on a failure by the bank to obtain relief from sanctions, it features an interesting line of argument that may well be raised again. NRAM plc v X [Name...
Service charge disputes in the FTT(PC)/LVT are generally regarded as a "no" or "low" costs proceedings. The Tribunals have very limited powers to award costs. In general terms, the FTT(PC) can award unlimited sums in respect of either wasted costs or...
There are new pre-action protocols in force from today, 6 April 2015, including the following: The Pre-Action Protocol for Judicial Review The Pre-Action Protocol for Housing Disrepair Cases The Pre-Action Protocol for Possession Claims by Social Landlords...
... doesn't mean that they aren't out to get you. The MoJ and Legal Aid Agency have put out a leaflet on Legal aid and "Help for people at risk of losing their home". The trouble is that it doesn't mention, anywhere, at all, not even in little small print,...
We have dealt with the basic facts in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 when considering its previous incarnations (Cooke v Mortgage Business [2012] EWCA Civ 17 and Re North East Property Buyers Ltd [2010] EWHC 2991 (Ch)). In summary,...
For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn't really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that...