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14 April 2017
Issue: 7742 / Categories: Case law , Law digest , In Court
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Mortgage

Bank of Scotland plc v Hazel and another [2016] Lexis Citation 711, [2016] All ER (D) 212 (Oct)

The Queen’s Bench Division held that a bank had been entitled to rely on its security to receive the entire proceeds of a re-mortgage, to appoint receivers in respect of a property that the defendants had defaulted making loan repayments on. The court further held that the bank was entitled to possession and an equitable mortgage over two properties in circumstances where the defendants had defaulted on two loan agreements with sums outstanding exceeding £700,000.

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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