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21 April 2023 / Stephen Gold
Issue: 8021 / Categories: Features , Procedure & practice , Civil way
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Civil way: 21 April 2023

Stuck with a mortgage; caveat (overseas) emptor; small and attending; Vento bands rise.

WORST ENDEAVOURS

The order for transfer of the jointly owned family home by B to A will often be accompanied by A’s undertaking to use best (or reasonable) endeavours to procure B’s release from their mortgage covenants. Breach of the undertaking may well cause economic loss to B. The remedy for B is to apply for an order for sale. That could be followed by a remortgage and release, as it did in SS v RS [2023] EWFC 32 (Fam). There, B still held out for £80,000 compensation from A. The alleged loss arose from his inability to take out another mortgage and loan interest incurred as a result of a poor credit rating flowing from A’s denied default in payments under the transferred property mortgage. The application was pretty hopeless on the facts, as B accepted the wife’s means had been so limited during the period of alleged default that she had had no capacity to procure

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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
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