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OneSavings Bank PLC v Burns: Enforcement concerns for lenders in the Scottish marketplace

United Kingdom - April 25 2017 A recent decision of Banff Sheriff Court in Scotland has unexpectedly cast doubt on the validity of the form of legal title transfer used widely in…

Peter Alderdice, Fiona Buchanan, Neil Cowan, Andrew Kinnes, Roderick MacLeod

OneSavings Bank PLC V Burns: FAQs

United Kingdom - April 25 2017 The standard security (i.e. Scottish mortgage) in the Burns case had originally been granted by the borrower in favour of GMAC. GMAC had previously…

Peter Alderdice, Fiona Buchanan, Rodger Cairns, Neil Cowan, Andrew Kinnes, Roderick MacLeod

Lender prevented from increasing interest rates on tracker mortgages

United Kingdom - June 21 2016 West Bromwich Mortgage Company Limited, a subsidiary of West Bromwich Building Society, now owes up to £27.5m to borrowers following a Court of…

Peter Alderdice

Vive la (Counterpart) Révolution

United Kingdom - August 23 2017 It is just over two years since the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 brought counterpart execution to Scots law. With…

Neil Cowan, Hamish Patrick

Changing regulatory landscape for Scottish partnerships

United Kingdom - June 14 2017 Companies House recently announced an imminent extension to UK anti-money laundering measures affecting Scottish limited partnerships (SLPs) and…

Roderick MacLeod