January 2014 Archive

Solicitors still being relieved of liability after unreasonable breaches of trust

The trend of a solicitor being relieved of liability when an application for relief made under Section 61 of the Trustee Act 1925 continues. If it is not possible to prove a causal link between the action of the solicitor and the loss suffered, even in circumstances where the solicitor is found to have acted unreasonably, liability will not be imposed.

LPA Receivers owe very limited duty to borrowers; a reminder

As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower. In the case of JL Homes Limited and (1) Mortgage Express (2) Paul Diakiw and David Heap (Acting as LPA Receivers) which came before the High Court in December, JL Homes unsuccessfully challenged the LPA Receivers’ attempts to secure possession.

Lenders and service charges – the courts are getting tricky!

We examine what happens once you have paid ground rent and service charge arrears (and possibly costs) following a forfeiture threat. The mortgage conditions usually permit a lender to make such payments to protect its security and to then add the cost to the mortgage balance. This is potentially misleading because the borrower may think that there is no obligation to repay this sum immediately.

Plodding progress of the Anti-Social Behaviour, Crime and Policing Bill

As social landlords wait with not quite bated breath, the twists and turns in the journey of the Bill through Parliament continue. Yesterday, attempts to limit the proposed new IPNAs (Injunction to Prevent Nuisance and Annoyance), preventing them from being granted against anyone other than social housing tenants, were overturned.

PGF II SA-v-OMFS Company 1 Limited

The Court of Appeal sends a clear and important message to all parties to litigation that they must seriously engage in seeking to settle their dispute or otherwise face severe costs sanctions. This is a dilapidations case in which the landlord issued proceedings against the tenant for damages in excess of £1.9 million in relation to the tenant’s breach of the repairing obligation in respect of 3 office floors let at 33 Lombard Street, London.

High Speed Rail 2 (HS2) update and schedule

On 25 November 2013, the Hybrid Bill for the construction of phase 1 of HS2 was laid before the House of Commons for the first reading, along with the 50,000 page Environmental Statement. The consultation period for the latter runs until 10 February 2014 (extended from 24 January 2014). In addition, the revised consultation on property compensation, which was rerun following a successful legal challenge, ended on 4 December 2013 and will be reporting shortly.

Orders for sale of property in joint ownership

An Order for sale is a Court judgment ordering the sale of a particular property. The Court will always specify the terms and the process by which the Property is to be sold. Orders for sale are commonly obtained in circumstances in which a trustee in bankruptcy, liquidator or judgment creditor wish to sell a property to repay debts owed by the owner of that property.
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