header-logo header-logo

09 January 2015 / Lina Mattsson
Issue: 7635 / Categories: Features , Property
printer mail-detail

Harsh but fair?

mattsson

You can’t give what you don’t have, says Lina Mattsson

Lord Collins stated in terms that the decision in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, [2014] All ER (D) 251 (Oct) was ultimately a decision of “which of the innocent parties will bear the consequences” when lending goes wrong. The balancing of competing interests between “innocent occupiers” and “innocent lenders” has troubled the courts for decades. In the high watermark of protection for beneficiaries under a trust in actual occupation, the House of Lords in Williams and Glyn’s Bank v Boland [1981] AC 487, [1980] 2 All ER 408 put some onus on lenders to make enquiries. Fearing that Scott would be another high watermark, the lending industry was holding its breath for some seven months awaiting the Supreme Court’s decision which was finally handed down on 22 October 2014.

The facts

Rosemary Scott’s case was originally one of ten test cases involving shady buy-and-rent-back agreements. The facts had not been determined and the case was decided on assumed facts, which

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll