Podcast Location:
Download it here [file size: 22 MB]
Civil Procedure
Residential Property
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)

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

This podcast serves as an overview of the new pre-action protocol for mortgage arrears

It examines the role the new protocol is likely to play in proceedings between lenders and borrowers and any possible limitations

The podcast critiques the likely impact of the protocol in being able to protect borrowers against a lender seeking possession

After completing the course you will:
  • Understand the structure and aims of the new protocol;
  • Understand how it fits in with the existing Part 55 possession procedure;
  • Understand the likely impact the protocol will have for both lenders and borrowers;
  • Understand the criticisms made of the new protocol and how they might be overcome.
Beginner Difficulty: 1 of 5
Legislative Updates
Practical Guide
Sources and References:
  • Pre-Action Protocol for Possession Claims for Residential Property subject to Mortgage Arrears;
  • CPR Part 55;
  • CPR Part 44;
  • Cheltenham & Gloucester Building Society v Norgan [1995] EWCA Civ 11;
  • Bristol and West Building Society v Ellis & Anor [1996] EWCA Civ 1294;
  • Cheltenham and Gloucester plc v Krausz [1997] 1 All ER 21;
  • Mortgage Services Funding plc v Steele, CA, unreported, 10 April 1996;
  • Gomba Holdings (UK) Limited v Minories Finance Limited (No 2) [1992] 3 WLR 723;
  • Consumer Credit Act 1974;
  • Landlord & Tenant Act 1954.

This podcast is about the new pre-action protocol on possession proceedings where there are mortgage arrears. It is appropriate for both solicitors and barristers who appear in possession proceedings or thoes interested in possession work generally. It looks at the substance of the protocol and examines the likely impact it will have for lenders and borrowers.

Podcast added: 27/03/09

Podcast last reviewed: 2011-07-25

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