header-logo header-logo

Harsh but fair?

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll