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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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.

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