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No adjournment of possession proceedings
- Wragge & Co LLP
- -
- United Kingdom
- -
- January 21 2009
If there is no reasonable prospect of a mortgage debt being discharged within a reasonable time, the court can refuse to adjourn possession proceedings
Without prejudice correspondence and acknowledgement of title
- Wragge & Co LLP
- -
- United Kingdom
- -
- March 23 2009
"Without prejudice" correspondence is not admissible (save in exceptional circumstances) in subsequent proceedings between the same parties
Mortgage fraud and a chargee's power of sale
- Wragge & Co LLP
- -
- United Kingdom
- -
- June 23 2008
A third party fraudulently transferred Mr Guy's property and then secured a mortgage against his property in favour of Barclays Bank plc
Enforcing charging orders
- Wragge & Co LLP
- -
- United Kingdom
- -
- July 21 2010
The court held there are no rules or presumptions as to the size of a debt or its relative value to the security when considering orders for sale
Over-optimism is not necessarily a misrepresentation
- Wragge & Co LLP
- -
- United Kingdom
- -
- March 24 2011
An over-optimistic assessment of a business venture does not necessarily mean there has been a misrepresentation entitling a guarantee to be set aside
Consequences of failure to attend trial
- Wragge & Co LLP
- -
- United Kingdom
- -
- March 24 2011
In Bank of Scotland v Pereira and others, Pereira failed to attend the final hearing of possession proceedings and an order for possession and assessment of damages was ordered against her
Banking update: report and review on recent cases and issues
- Wragge & Co LLP
- -
- United Kingdom
- -
- January 25 2012
The court has reaffirmed that comparable sales evidence is the best evidence when determining the retrospective valuation of a property
Mortgagees' rights take priority over those of equity release scheme vendors
- Wragge & Co LLP
- -
- United Kingdom
- -
- February 27 2012
Mortgagees' rights take priority to lessees' rights in equity release schemes where properties were sold with full title guarantee and vacant possession
Power of sale breach of human rights?
- Wragge & Co LLP
- -
- United Kingdom
- -
- November 5 2008
This case considered whether the statutory power of sale of a mortgagee without a court order infringed the European Convention for the protection of Human Rights and Fundamental Freedoms (the Convention
Mortgage fraud
- Wragge & Co LLP
- -
- United Kingdom
- -
- November 5 2008
This case demonstrated a 'split property fraud'
