“Court of Appeal issues a judgment on sentences for the most serious commercial frauds and increases the sentences of two men.”
Attorney General’s Office, 16th May 2013
Source: www.gov.uk/ago
“Achilleas Kallakis, a conman who received a seven-year jail sentence in January, will spend a further four years behind bars after a British government lawyer called on senior judges for a tougher sentence.”
The Guardian, 16th May 2013
Source: www.guardian.co.uk
“The conveyancing profession has always had to walk a difficult line in carrying out its day-to-day activities in property transactions. Not only are conveyancers required to be expert in all aspects of property related law, but they have a duty of care to everyone in the transaction (or so it seems). It can easily be the case that, despite a firm’s intentions to act in their client’s best interests, under outcomes-focused regulation, they can still be held liable for issues that arise. This responsibility, coupled with increasing regulation and compliance requirements, downward pressure on fees and on-going problems with access to lender panels, makes the conveyancing landscape more than a little challenging.”
New Law Journal, 18th April 2013
Source: www.newlawjournal.co.uk
“Up to 30,000 Santander mortgage customers are set to share millions of pounds in compensation after it emerged they may have lost out because of confusing letters sent by the bank more than four years ago.”
The Guardian, 19th April 2013
Source: www.guardian.co.uk
Day and another v Day [2013] EWCA Civ 280; [2013] WLR (D) 129
“For the purposes of the doctrine of rectification in the case of a voluntary settlement it was the subjective intention of the settlor that was of relevance in determining whether the court should order rectification and an outward expression or objective communication of that intention was unnecessary in such a case.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
Santander UK plc v Harrison and another [2013] EWHC 199 (QB); [2013] WLR (D) 67
“The rescheduling of a mortgage agreement did not amount to providing credit ‘in the form of a cash loan’ for the purposes of article 4(1) of the Consumer Credit Act 2006 (Commencement No 4 and Transitional Provisions) Order 2008.”
WLR Daily, 7th February 2013
Source: www.iclr.co.uk
“A lender has lost its appeal against a High Court ruling that said a solicitor was not liable for its loss in a £2.5m mortgage fraud perpetrated by her former partner because she was not aware of the misrepresentations he made.”
Legal Futures, 14th February 2013
Source: www.legalfutures.co.uk
“Swiss bank UBS has been fined £9.45m and ordered to pay a similar sum in compensation for mis-selling an investment fund that took in more than £6bn from wealthy customers.”
The Guardian, 12th February 2013
Source: www.guardian.co.uk
In the backwash of this recession the Courts are revisiting territory familiar from previous recessions – claims against valuers and mortgagees exercising powers of sale.
Littleton Chambers, 4th February 2013
Source: www.littletonchambers.com
“Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters.”
Family Law Week, 1st February 2013
Source: www.familylawweek.co.uk
“A topical debate is the extent to which solicitors acting for mortgage lenders (or more precisely, their professional indemnity insurers) should bear the consequences of mortgage fraud.”
Hardwicke Chambers, 10th January 2013
Source: www.hardwicke.co.uk
“Britain’s most successful serial confidence trickster, Achilleas Kallakis, faces up to 10 years in jail after being found guilty of duping banks out of more than £750m.”
The Guardian, 16th January 2013
Source: www.guardian.co.uk
Souglides v Tweedie and another [2012] EWCA Civ 1546; [2012] WLR (D) 367
“The reference in section 9(1)(a) of the Perpetuities and Accumulations Act 1964 to ‘successors in title’ referred to successors in title to the lease to which the interest being conferred by the option was reversionary. Accordingly, the successor had to be a successor to the original lessee in respect of the same title, namely that lease.”
WLR Daily, 4th December 2012
Source: www.iclr.co.uk
“Traditionally, the qualified right to peaceful possession of property conferred by Article 1 of the 1st Protocol (A1P1) has been thought of as a rather feeble entitlement, easily outweighed by public interests. After all, every day of the week, the modern state affects that right – think taxes or planning restrictions, or business bans arising out of public health concerns (e.g. see here), where removal and confiscation or restriction on what we do with property is readily accepted. Last week the Supreme Court ruled that the Proceeds of Crime Act 2002 (POCA) needs a bit of remedial HR surgery as and when its blunderbuss rules would otherwise have a disproportionate effect on those affected. But the importance of the ruling extends far beyond the specific statutory context.”
UK Human Rights Blog, 18th November 2012
Source: www.ukhumanrightsblog.com
Regina v Waya: [2012] UKSC 51; [2012] WLR (D) 324
“The statutory object of Part 2 of the Proceeds of Crime Act 2002 was to remove from a defendant the proceeds of his crime and a confiscation order made thereunder was not intended to be an additional financial penalty similar to a fine. A confiscation order which was disproportionate to the benefit obtained by the defendant from his crime would be a violation of article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms. However section 6(5) of the 2002 Act could, pursuant to section 3 of the Human Rights Act 1998, be read and given effect in a manner which was compatible with the rights under article 1.”
WLR Daily, 24th October 2012
Source: www.iclr.co.uk
“An important function for regulators of the professions is to ensure that the ‘wrong’ people do not tarnish the reputation and standing of their peers. In this paper, I shall discuss some recent examples of professional misconduct, and identify some common threads between different regulatory regimes”
Full story (PDF)
11 KBW, 31st October 2012
Source: www.11kbw.com
“It is said that there are more questions on the application form to be a member of a lender’s conveyancing panel than there are to join MI5. Whether or not that is true, it is clear that if you want to do a good job for your homebuying clients, and act for lenders as well as your clients in any conveyancing transaction, chances are you will have to go through onerous vetting procedures now required by banks and building societies to be on their panels of approved solicitors.”
Law Society’s Gazette, 1st November 2012
Source: www.lawgazette.co.uk
“Lenders are to be banned from discriminating against ‘mortgage prisoners’ who are unable to get new loans because of negative equity.”
Daily Telegraph, 25th October 2012
Source: www.telegraph.co.uk
“A woman who lost everything after investing in the Spanish property market has won a landmark legal ruling that could now benefit many others given bad financial advice.”
Daily Telegraph, 11th October 2012
Source: www.telegraph.co.uk
“Type in ‘mis-sold mortgages’ on a Google search and you will discover literally hundreds of internet businesses vying for the opportunity to pursue a claim to the Financial Services Authority (FSA). If you thought PPI was big, you ain’t seen nothing yet; with millions already having been put aside to meet the thousands of potential claims that arise from possible mis-selling of mortgages during the boom years of 2004 to 2009.”
Hardwicke Chambers, 27th September 2012
Source: www.hardwicke.co.uk
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