Stamp duty: What is it, how much is it and how is it changing? – BBC News
‘Home buyers in England and Northern Ireland will pay more stamp duty after 1 April, when two key thresholds are reduced.’
BBC News, 6th March 2025
Source: www.bbc.co.uk
Category: mortgages
Palmer v Sans: Chancery Division [2024] EWHC 2685 (Ch) – Gatehouse Chambers
‘In this case the Court applied traditional constructive trust principles to disputed facts in order to determine whether a specific property came within the estate of a bankrupt. It will be of interest to practitioners advising in the area of challenged transfers in the context of insolvency.’
Gatehouse Chambers, 20th November 2024
Source: gatehouselaw.co.uk
Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC) – Financial Remedies Journal
‘What happens if the Child Maintenance Service (CMS) has determined that a non-resident parent (NRP) is required to pay child maintenance to the parent-with-care (PWC), but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children (QC)? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?’
Financial Remedies Journal, 29th November 2024
Source: financialremediesjournal.com
Repossession claims in England and Wales at highest in five years – The Guardianship
‘The number of claims made by banks and landlords to repossess homes in England and Wales has reached the highest level in five years as households struggle with higher borrowing costs.’
The Guardian, 8th August 2024
Source: www.theguardian.com
Alerter by William Hibbert & Thomas Samuels – A Warning: all that glisters is not gold – Henderson Chambers
‘In Stamp & Ors v Capital Home Loans Ltd & Ors [2024] EWHC 1092 (KB) Master Gidden has provided guidance on the proper approach to the growing problem of the potential conduct of litigation by unauthorised persons who, online and on social media. encourage unrepresented litigants to bring claims based on wholly misguided arguments, resulting in litigants having their claims struck out and incurring a liability in costs.’
Henderson Chambers, 16th May 2024
Source: www.hendersonchambers.co.uk
Law firm fined £12,400 for not making good on undertakings – Legal Futures
‘A law firm in Nottingham that failed to perform undertakings it gave on two property transactions – allowing another party to register a charge on one of them – has been fined £12,400.’
Legal Futures, 29th May 2024
Source: www.legalfutures.co.uk
Don’t dilly-dally on appeals, and mortgage lender paying service charges. – Nearly Legal
‘Santander PLC v Harris (2024) EWHC 351 (KB). This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for £195,308.64 in mortgage arrears. The possession order was in December 2021 so Mr Harris was seeking an extension of time of some 14 months.’
Nearly Legal, 12th May 2024
Source: nearlylegal.co.uk
Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers
‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’
Gatehouse Chambers, 22nd April 2024
Source: gatehouselaw.co.uk
Fraudster convicted decade ago must pay £92,500 – Law Society’s Gazette
‘A property dealer jailed for one of the UK’s biggest mortgage frauds a decade ago has been ordered to pay a further £92,500 – money which was recovered from a settlement over a donation to a private school.’
Law Society’s Gazette, 17th March 2023
Source: www.lawgazette.co.uk
Unravelling a mental health moratorium – Nearly Legal
Mr Kaye applied “to cancel the Current Moratorium pursuant to Regulation 19 on the grounds that (1) Mr Kaye’s interests as a judgment creditor are unfairly prejudiced by the moratorium and (2) there has been a material irregularity in that Ms Lees did not meet the relevant eligibility criteria when the application for the Current Moratorium was made (Reg 17(2)) and that the application was not made bona fide.” He also sought an injunction to restrain Ms Lees from entering a further moratorium for a period of 60 days.
Nearly Legal, 1st February 2023
Source: nearlylegal.co.uk
The importance of an appropriate Mortgagee Exclusion Clause – Local Government Lawyer
‘Claire Waring considers the use of a Mortgagee Exclusion Clause (MEC) and explains why careful drafting is key.’
Local Government Lawyer, 12th September 2022
Source: www.localgovernmentlawyer.co.uk
Financial Services and Markets Act 2001 exemptions– the importance of when an agreement is entered for unregulated lenders – 33 Bedford Row
‘This article will consider an interesting case involving deceit, when some defendants took out an unregulated loan, secured on a residential property, on the basis that the loan was wholly or predominantly for a business purpose.’
33 Bedford Row, 11th August 2022
Source: www.33bedfordrow.co.uk
Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers
‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’
Gatehouse Chambers, 30th March 2022
Source: gatehouselaw.co.uk
Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers
‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’
New Square Chambers, 29th March 2022
Source: www.newsquarechambers.co.uk
Fire safety advice for low-rise blocks to be withdrawn, Gove says – The Guardian
‘Safety advice that has left thousands of households unable to sell their homes after the Grenfell Tower fire will be withdrawn by Christmas, Michael Gove has announced.’
The Guardian, 8th November 2021
Source: www.theguardian.com
Legal aid win means domestic abuse victims will no longer be asked to sell their homes to access justice – The Independent
‘Domestic abuse victims blocked from getting legal aid will no longer be pushed into selling their homes in a bid to obtain justice and secure safety from their violent partners.’
The Independent, 28th January 2021
Source: www.independent.co.uk
Fraud does not oust negligence claim, Supreme Court rules – Law Society’s Gazette
‘Lawyers have stressed that the illegality principle in civil claims remains intact despite the Supreme Court finding in favour of a mortgage fraudster in a dispute with a law firm.’
Law Society's Gazette, 4th November 2020
Source: www.lawgazette.co.uk
Green light for Mortgage Repossessions? – No. 5 Chambers
‘On 31 October 2020, the ban on repossession proceedings comes to an end. Approximately 1.8 million people have taken a deferral on a mortgage, and the second period of deferral is now coming to an end. Lenders may commence or continue with possession proceedings if appropriate.’
No. 5 Chambers, 13th October 2020
Source: www.no5.com
Should I claim or should I wait? – Falcon Chambers
‘Since the property market coronavirus restrictions were lifted on 13 May 2020, there has been a reported rush to buy and sell houses and flats. Where property is leasehold, the sale of the lease is often the trigger which leads to a claim being made for either a new lease or the freehold under the Leasehold Reform Acts. The purchaser will always be concerned to see exactly what term is being acquired. A lessee of a flat wishing to buy a new lease must have owned the lease for two years before serving a notice (s. 39(2)(a) of the Leasehold Reform, Housing and Urban Development Act 1993). The same ownership period applies to a claim to acquire the freehold of a house (s. 1(1)(b) of the Leasehold Reform Act 1967).’
Falcon Chambers, June 2020
Source: www.falcon-chambers.com
