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05 February 2020 / Cecily Crampin , Tricia Hemans
Issue: 7873 / Categories: Features , Property
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Where are we now?

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Mortgage receivership & possession: so few answers, many more questions. Cecily Crampin & Tricia Hemans report
  • Mortgage receivership and possession claims, considering the current state of the law following the decision in Menon v Pask and the practical effect of the decision in terms of the utility of receivership, how far the principles in Menon might extend, and the courts’ approach to receivership questions.

It’s easy to feel that cases involving mortgage receivership require belief in as many as six impossible things before breakfast. The deemed agency makes the receiver the borrower’s apparent servant, and yet his actions are out of the borrower’s control. This wonderland is particularly apparent when a receiver seeks possession from the borrower since it appears as if the borrower is suing himself for possession of a property, which he the borrower, has a right to possess.

Last autumn’s decision of Mr Justice Mann in Menon v Pask [2019] EWHC 2611 (Ch), [2019] All ER (D) 79 (Oct) has answered at least one

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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