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In view of the imminent changes, the aim of this article is to provide a ‘ShPL ready - checklist’...
Involuntary bailment — the duty of care owed by the mortgagee on execution of a possession warrant download
What do you do when you take possession of a house and the former occupier has left various items of theirs behind?
Equity of exoneration — joint mortgagors do not necessarily have joint responsibility for the secured debt download
It is a not uncommon situation — the family home is jointly mortgaged to secure the debts of a family member’s business.
Plevin v Paragon — non-disclosure of the amount of PPI commission paid to the lender rendered its relationship with the borrower unfair download
The Supreme Court has ruled that non-disclosure of the significant amount of commission earned by a lender created unfairness in the borrower’s relationship with it.
Should I stay or should I go? The position of a joint tenant whose partner has served a notice to quit download
Karl Anders looks at the latest in a line of cases where the highest national and European courts have considered the impact of human rights legislation on domestic possession proceedings.
Lending into the UK is set to become easier for overseas investors thanks to the removal of UK withholding tax from interest paid to investors in ‘private placements’.
When considered practically, the logical approach would be that a property is worth however much people are prepared to pay for it.
Case update: a chattel or a fixture? download
The degree and object of annexation were the key principles for the High Court to consider in the recent case of Lictor Anstalt v Mir Steel UK Ltd and Libala Ltd.
The issue was who should bear the cost of rates liabilities where a lease has been disclaimed and the landlord has not re-entered the property.
A legal charge may be invalid if it is not properly executed but a lender can still rely on it as equitable security download
In the recent case of Bank of Scotland v Waugh the High Court considered the execution of a legal charge and the impact of signatures on the document not having been witnessed.