‘Solicitor’s agents’ yet again – no rights of audience?

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 behalf – and while not definitive (county court decisions only), it […]

So now Gopee, walk out the door

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 people to sue in the meantime… […]

Human Rights Round-Up

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 defaulted on payment of the loan and the creditors began proceedings […]

‘Solicitor’s agents’ and rights of audience again

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 advocacy in mortgage possession claims and in private possession […]

Mortgage possession and disability discrimination

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 Southern Pacific by a remortgage in 2004 with a 20 year term. The […]

Who got the dogs out?

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 will have to read on […]

The way you Mackie me feel*

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 companies, the many possession proceedings and the complicated current court cases, see here, or […]

Of bad banks behaving badly and public bodies

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 redacted by request]. Central London County Court. 10 July 2015 […]

Service charges, costs and the FTT(PC)

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 unreasonable behaviour (r.13, FTT(PC) rules), whilst the LVT (as it remains in Wales) can […]

Mystery Pre Action Protocols

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 The Pre-Action Protocol for Possession Claims Based on Mortgage or Home Purchase Plan Arrears in Respect of Residential […]