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Finance litigation briefing: report and review on recent cases and issues

Wragge & Co LLP
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United Kingdom
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November 27 2012

The court can exercise its discretion to suspend a possession order where there is evidence to show that the mortgagor can repay the sums due within a reasonable period

Legal charge narrowly interpreted

Wragge & Co LLP
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United Kingdom
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July 19 2012

As a registered charge is a public document on a public register, third parties can expect it to accurately reflect the state of the title to the land

Lender needs to be a party to the proceedings

Wragge & Co LLP
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United Kingdom
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July 19 2012

This was confirmed in a claim brought by solicitors, not the lenders involved, to recover moneys advanced to a borrower

Failure to advise and alert lender but no loss suffered as a result

Wragge & Co LLP
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United Kingdom
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July 19 2012

Despite solicitors being negligent and in breach of contract in failing to advise on certain matters, if it is not inevitable that the lender would have refused to lend if properly advised, the lender has suffered no damage at the solicitors' hands

No relief following breach of trust

Wragge & Co LLP
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United Kingdom
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May 28 2012

Where a fraud is perpetrated in a conveyancing transaction, it is often an innocent party that ends up paying the price

Mortgagees' rights take priority over those of equity release scheme vendors

Wragge & Co LLP
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United Kingdom
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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

Banking update: report and review on recent cases and issues

Wragge & Co LLP
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United Kingdom
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January 25 2012

The court has reaffirmed that comparable sales evidence is the best evidence when determining the retrospective valuation of a property

Mortgage fraud leads to return of funds to lender

Wragge & Co LLP
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United Kingdom
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October 31 2011

A lender is entitled to the return of its money where the solicitors it instructs complete a mortgage transaction with fraudsters in breach of the terms of its instructions

Over-optimism is not necessarily a misrepresentation

Wragge & Co LLP
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United Kingdom
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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
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United Kingdom
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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