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01 November 2024 / Cecily Crampin , Caroline Shea KC
Issue: 8092 / Categories: Features , Property
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A suitable sanction?

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What happens when a regulated mortgage contract is breached? A recent Supreme Court decision gives some welcome guidance, write Cecily Crampin & Caroline Shea KC
  • The decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd on the approach where a statutory provision requiring an action makes no provision for the consequence of breach is applicable in mortgage law to the effect of non-compliance with s 126 of the Consumer Credit Act 1974, which requires a court order before enforcement of a regulated mortgage contract.
  • Using the approach suggested supports a conclusion that lack of a court order makes the enforcement void. Judicial consideration of this point is needed to inform lender practice.

The decision of the Supreme Court in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27, [2024] All ER (D) 40 (Aug) gives general guidance on the correct approach to take when a statutory provision requires an action before a power can be exercised, but does not specify the consequence

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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