header-logo header-logo

Civil way: 21 April 2023

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

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll