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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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