Consumer Credit Act “unfair relationships”: mental health and the exercise of a mortgagee’s power of sale

Amendments to the Consumer Credit Act 1974 introducing the open-ended concept of an “unfair relationship” came into force in 2007. Subsequent case law defining or limiting this concept has been sparse. Adding to the case law, the Court of Appeal has now considered the matter in the context of the exercise of a mortgagee’s power …

Advertisements

You Can’t Always Get What You Want: Lenders, breach of trust and Target revisited

Target v Redferns (decided by the House of Lords in 1995) alerted lenders to the possibility of seeking trust based remedies against their own solicitors where a mortgage transaction has gone wrong. Recently, there has been a steady stream of decisions (both in the High Court and the Court of Appeal) considering and applying Target, …

A World Elsewhere

Our “judges and lawyers” production of Judgment at Nuremberg – first at the Tricycle Theatre in 2011 and then at the Bridewell Theatre last March – raised over £50,000 for charitable causes. Sally Knyvette, our professional director, worked tirelessly to knock us into shape. Sally’s latest venture is a near month long run of new …

Financial mis-selling claims and section 14A of the Limitation Act 1980

Financial products are often long term in nature. Where a recommendation is poor, it may be some time before the client realises that he has been badly advised. Section 14A provides for a special limitation period in the tort of negligence (and negligence only) for those who have suffered a loss but do not have …

Ikbal v Sterling Law [2013] EWHC 3291 (Ch), [2013] All ER (D) 31 (Nov)

Ikbal v Sterling Law is yet another case concerning a phenomenon which is becoming increasingly and depressingly familiar to both lenders and the courts: that of a vendor, or vendor’s solicitor, who proves to be not what he seemed. Whilst the claim here was brought by a cash purchaser rather than a lender, the relevant …

Judgment “On Air”

"Colonel Parker" and director Sally Knyvette were invited to the studios of Monocle 24 to talk about the diferences between barristers and actors and the issues raised by Judgment at Nuremberg. For a legal audience, these issues are particularly pertinent: the enforcement by the judiciary of bad laws, the tension between the judicial process and political expediency …