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29 January 2016
Issue: 7684 / Categories: Case law , Law digest , In Court
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Mortgage

Alpstream AG and others v PK Airfinance Sarl and another [2015] EWCA Civ 1318, [2016] All ER (D) 05 (Jan)

The Court of Appeal held that, where a mortgagee sold the mortgaged property, the mortgagee’s duty to act in good faith and for proper purposes, and to take reasonable care to obtain a proper price, arose in equity and was owed only to those with a recognised interest in the equity of redemption of the mortgaged property. A mortgagee of seven aircraft, in carrying out a sale of six of the aircraft, owed no such duty to the ultimate recipient of the balance of the proceeds of sale of three other aircraft the equity of which had been cross-collateralised against the debt in respect of the seven mortgaged aircraft, where the ultimate recipient had no recognised interest in the equity of redemption in the seven aircraft.

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MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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