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09 January 2015 / Lina Mattsson
Issue: 7635 / Categories: Features , Property
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Harsh but fair?

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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

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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