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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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Clyde & Co—Suriya Ashok

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Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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