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The right of a receiver to recover possession of mortgaged property

November 10 2014 With many borrowers struggling to meet monthly mortgage payments, mortgage possession claims are prolific and well-understood. Less common but often…

Agents, bribes and remedies – where are we now?

December 3 2013 In FHR European Ventures LLP v Mankarious [2013] EWCA Civ 17, [2013] 3 All ER 29 the Court of Appeal seems to have gone out of its way to distinguish…

Entire agreement, non-reliance clauses & contractual estoppel - what do they prevent and how?

February 26 2014 In a series of decisions over recent years the English courts have adopted an uncompromising position in favour of the enforcement of entire…

Latest word from the Supreme Court on damages in lieu of injunction

March 24 2014 In Coventry v Lawrence [2014] UKSC13 the question when damages may be awarded in lieu of injunction was recently considered at the highest level in…

Excluding liability for mis-representations

November 5 2013 The Court of Appeal in Lloyd v Browning (unreported 4/11/13) has recently held that where a buyer had been induced by oral misrepresentations to…

The right of a receiver to recover possession of mortgaged property

November 10 2014 With many borrowers struggling to meet monthly mortgage payments, mortgage possession claims are prolific and well-understood. Less common but often…

Re Pan Ocean: Cross Border Insolvency Regulations - what relief can the court grant?

October 1 2014 The English Court does not have the power under the Cross Border Insolvency Regulations to grant relief in aid of insolvency proceedings in a foreign…

Planning offences and the proceeds of crime

June 3 2014 “Those who choose to run operations in disregard of planning enforcement requirements are at risk of having the gross receipts of their illegal…

Statutory relief from liability for breach of trust - recent cases on how s 61 Trustee Act 1925 works

May 28 2014 Cases on the power to relieve trustees for liability for breach of trust under section 61 of the Trustee Act 1925 are few and far between and anyway…

Freezing injunctions - showing risk of dissipation: cases and reality

April 11 2014 Establishing a risk of dissipation in an essential requirement of a successful application for a freezing injunction but concrete evidence of actual…