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20 November 2008
Issue: 7346 / Categories: Features , Procedure & practice
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At home with PAP

Civil Way
Lawbites

A pre-action protocol for residential mortgage possession claims based on arrears was forward and came into force on 19 November 2008. It covers first mortgages and subsequent mortgages and, as to the latter, whether regulated or unregulated under the Consumer Credit Act 1974. Among the worthy provisions of the protocol— consideration to be given to postponement of a possession claim where the borrower can demonstrate that reasonable steps have been or will be taken to market at an appropriate price in accordance with reasonable professional advice; reasonable steps to be taken by the parties to discuss the cause of the arrears, the borrower’s financial circumstances and proposals for repayment of arrears; lender referral, where necessary, to appropriate sources of independent debt advice; written reasons by the lender within ten days for not agreeing any proposal for payment made by the borrower; and consideration to postponement of a claim where the borrower has made a genuine complaint to the Financial Ombudsman Service.
 

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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