Insights

December 2015

Introduction

In September 2014, a consultation by the England & Wales’ Civil Procedure Rule Committee (the CPRC) on the first draft Pre-Action Protocol for Debt Claims closed. At that time, the pre-action provisions in force governing debt claims were found in Annex B to the general Practice Direction on Pre-action Conduct. 

November 2015

Secured lenders must take great care when discharging their security for borrowers with more than one loan account.  If they do not have adequate systems in place to ensure that outstanding liability across all accounts is picked up, a lender could inadvertently turn itself from a secured to unsecured creditor through an administrative error. The lender could then have great difficulty in remedying its mistake. These were the lessons from a recent High Court case, NRAM plc v Evans.

Tags: Property
October 2015

The Ministry of Justice (‘MoJ’) has now released updated versions of the template court forms for use in connection with residential mortgage repossession cases. The updated forms are:

•N120 Particulars of Claim for Possession (Mortgaged Residential Premises); and 

•N123 Mortgage pre-action protocol checklist.

September 2015

As the Scottish legal landscape continues to evolve, Denise Loney, Head of Litigation Services, Optima Legal Scotland, summarises the impact of recent changes on secured lenders in Scotland. 

Scottish Court Reform

August 2015

With two months left before 1 October 2015, the deadline for restoring a previously dissolved company to the companies register is fast approaching.  With significant consequences for secured lenders with accounts where the security provided for mortgages and/or loans was granted by companies who have subsequently been dissolved, we consider the potential impact and next steps.

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