header-logo header-logo

01 November 2024 / Cecily Crampin , Caroline Shea KC
Issue: 8092 / Categories: Features , Property
printer mail-detail

A suitable sanction?

195048
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll