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11 August 2017
Issue: 7758 / Categories: Case law , Law digest , In Court
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Mortgage

Landmark Mortgages Ltd v Bamrah (Personal Representative for the Estate of Bamrah) and another [2017] EWHC 2041 (QB), [2017] All ER (D) 29 (Aug)

The judge had fallen into error in her analysis of evidence relating to three cheque stubs, alleged to be mortgage payments made by the second respondent, which the judge had taken as evidence which questioned the accuracy of the payment records held by the appellant mortgage company.

The Queen’s Bench Division, in allowing the appeal, held that the judgment for the appellant against the first respondent, to pay the judgment sum of £200,000, would be varied to the sum of £355,457.54, with the respondents ordered to give vacant possession of the property in question as they had not provided evidence that they could pay the revised higher sum.

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The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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