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06 September 2024
Issue: 8084 / Categories: Legal News , Procedure & practice , Banking
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NLJ this week: Banks, lenders & the doctrine of purview

188090
It’s a little-used & somewhat opaque doctrine with significant potential when used as a defence

In this week’s NLJ, Jonathan Bennett, associate at Brecher, and James Davies, New Square Chambers, discuss the doctrine of purview in the law of guarantees, which ‘can have an effect on enforcement attempts against debtors (principally any guarantors) under a mortgage’ and is therefore a doctrine that banks, lenders and their advisors should consider.

Bennett and Davies look at the doctrine’s origins and consider recent case law, including a case in which the authors acted for the successful petitioner on a bankruptcy petition where the purview doctrine was deployed by the debtor as a defence to the petition debt.

The authors helpfully provide a list of tips for lenders to consider. For example, they write: ‘It should be noted that “all monies” guarantees will be far less susceptible to challenge on the basis of the purview doctrine.’

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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