Podcast Location:
Download it here [file size: 39.6 MB]
Categories:
Residential Property
Property Litigation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast discusses the various issues which can arise in relation to mortgages and which frequently come before the courts. It provides an insight into the requirements of actual occupation and the level of involvement in granting of a mortgage over property that will prevent a co-owner in actual occupation from claiming priority over the mortgage. It also provides a practical overview of the challenges to mortgages via claims of misrepresentation and undue influence and in particular, reflecting on the frequency of these issues coming before the courts.

Outcomes:
After completing the course you will:
  • Understand the circumstances in which the question of whether a person is in ‘actual occupation’ will be relevant;
  • Have considered how much occupation is necessary in order for a person to be in ‘actual occupation?;
  • Understand the significance of Thompson v Foy [2009];
  • Have considered the scope of the doctrine of estoppel in relation to actual occupation;
  • Have considered the level of protection offered to beneficial co-owners by the court;
  • Be aware of the circumstances under which issues of misrepresentation and undue influence tend to arise in relation to mortgages.;
  • Understand the importance of Royal Bank of Scotland v Etridge [1998];
  • Know the sorts of steps required for third parties to guard against undue influence;
  • Have considered the relevance of Hewett v First Plus Financial Group [2010].
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Panel Discussion
Sources and References:
  • Abbey National Building Society v Cann [1990] 1 All ER 1085;
  • Allcard v Skinner (1887) 36 Ch D 145;
  • Bank of Scotland v Hussain and another [2010] EWHC 2812 (Ch);
  • Hewett v First Plus Financial Group [2010] EWCA Civ 312;
  • Hoggett v Hoggett [1980] 39 P & CR 121;
  • Paddington BS v Mendelsohn [1985] EWCA Civ 17;
  • Skipton Building Society v Clayton (1993) 66 P&CR 223;
  • Stack v Dowden [2007] UKHL 17;
  • Thompson v Foy [2009] EWHC 1076;
  • Thorner v Major [2009] UKHL 18;
  • Powell v McFarlane [1979] 38 P&CR 352;
  • Royal Bank of Scotland v Etridge [1998] 4 All ER 705;
  • Williams & Glyn's Bank v Boland [1981] AC 487.
Tags:

In this CPDcast, Ruth Huges and Joseph Goldsmith, both barristers from 5 Stone Buildings discuss some of the most frequently litigated issues in relation to mortgages.

Date Recorded 6th February 2014

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