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25 September 2015 / Sarah Greer
Issue: 7669 / Categories: Features , Property
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As safe as houses?

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Could an ancient legal principle help lenders in cases of mortgage fraud? Sarah Greer investigates

A recent Court of Appeal decision has invoked an old and infrequently used legal principle to provide lenders with a potentially useful means of avoiding being bound by an overriding interest in a case of mortgage fraud. Its implications for equally innocent beneficial owners, however, may be less welcome.

Credit & Mercantile Plc v Kaymuu Ltd

In Credit & Mercantile Plc v Kaymuu Ltd [2015] EWCA Civ 655, [2015] All ER (D) 64 (Jul), W relied upon a long-time friend and business acquaintance, SM, to purchase a family home for W and his partner out of the proceeds of a joint business venture. Their previous business and financial arrangements were described as “loose” and informal. W trusted SM to the extent that he did not even see the contract for the purchase of the property, “Dalhanna”. Unknown to W, SM purchased Dalhanna through his own company, Kaymuu Ltd and subsequently, after W had moved into the property, obtained a mortgage

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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