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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.
In principle, a business can recover the costs of its in-house legal staff doing legal work in civil litigation from the other side (provided of course that it has been awarded its costs by the court).
The issue of whether a document is a guarantee or an indemnity regularly comes before the courts.
Pyranha Mouldings Ltd becomes the 10th UK company to be convicted of corporate manslaughter download
Pyranha Mouldings Ltd has become the 10th company to be convicted in the UK under the Corporate Manslaughter and Corporate Homicide Act 2007.
Employers are currently focused on having the correct policies and forms in place for shared parental leave but they should not overlook the fact that there are a number of additional changes to adoption and parental leave due to come into force from 5 April 2015.
Changes to Tier 2 immigration rules download
Changes to the UK immigration rules for Tier 2 migrants took effect from 6 November 2014 and affect employers who sponsor migrants to work in their organisations under a Sponsorship Licence.
In contrast to the majority of EU countries, in the UK workers are able to sign an agreement to ‘opt-out’ of the maximum 48 hour working week under the Working Time Regulations (WTR).
Employment tribunal fees to remain download
After much ‘will they, won’t they’ speculation, the High Court has dismissed UNISON’s challenge to the introduction of employment tribunal fees.
We reported in our June newsletter on the European case in which a Danish childminder (Mr Kaltoft) brought a claim against his local authority arguing that his obesity amounted to a disability under the Equal Treatment Directive.
Since 31 December 2014, it is no longer lawful for employment agencies and employment businesses to advertise vacancies for jobs based in Great Britain exclusively in other EEA countries.
Public sector exit payments download
As part of the Small Business, Enterprise and Employment Bill 2014-2015, Regulations will be introduced in April 2016 to require public sector employees or office holders earning more than £100,000 p.a. to repay exit payments on a pro rata basis if they return to the same part of the public sector within 12 months.