Arrears, warrants and abuse of process

A report of a County Court mortgage possession case has reached us, in which the secured lender’s behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received. Blemain Finance Ltd v Andrea Jayne Ridley Darlington County Court 21 June 2012 Ms Ridley was the […]

Equity Release Schemes: the CA view

Cook v The Mortgage Business PLC et al [2012] EWCA Civ 17 [note for law students: this is a really important case on land registration in which the principles in Abbey National BS v Cann are considered and applied.  Please note that we do not write essays for you or respond to queries which assist […]

When is a warrant executed?

Royal Bank of Scotland v Bray Halifax County Court 25 November 2011 At what point in the course of an eviction and securing of a property is the warrant considered to be executed, so that no application for a stay can be made? This is a County Court case, but the Court’s decision is clear […]

Estoppel and s.2 – will we find out?

In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting and important question about the interaction between estoppel and s.2 of […]

Some footnotes: Helden v Strathmore

Helden v Strathmore [2011] EWCA Civ 542 contains lots of useful footnotes and pointers on different issues, so it’s worth a read.  In this note, I’m going to focus on two such footnotes, which have a bearing on issues with which it’s fair to say make me cross: the ambit of section 2, Law of […]

Time is on my side (except in mortgage possession proceedings)*

Jayashankar v Lloyds TSB, Romford County Court, June 29, 2011. A short – and important – point on mortgage possession proceedings. It appears that Mr Jayashankar had a mortgage over his property in favour of Lloyds TSB. He fell into arrears (about £14K at the time of the hearing), a possession order was made and, […]

Exquisite irony

Zinda v Bank of Scotland [2011] EWCA Civ 706 In short, as you all know, the combined effect of ss.36 and 8, Administration of Justice Acts 1970 and 1973 is to allow a court hearing a claim for possession based on mortgage arrears, to, amongst other things, make suspended possession orders. The usual form of […]

‘Defending Possession Proceedings’ update

The LAG Defending Possession Proceedings (7th Edition), a book which is surely in every housing practitioner’s library, has received an update to cover Pinnock and Powell, public law and proportionality defences. The free update can be downloaded here.

Set Aside or Appeal, or both?

Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241 This is a rather odd one. Although the case involves fraudulent sale and rent back agreements, mortgage possession and a rescinded sale and transfer of title, that isn’t why we’re writing it up. The reason this Court of Appeal case is worth […]

Tenant’s relief from Mortgagee

GMAC RFC Ltd v Jones Lambeth County Court 15/11/2010 With thanks to the Legal Action Recent Developments in Housing Law – report in the January 2011 edition. This was a case on the operation of the Mortgage Repossessions (Protection of Tenants etc) Act 2010, s.1(4), providing for the tenant of a mortgagor to apply for […]