Nigel Clayton


Banking & Finance

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Colin Griffin
Gary Young


Banking & Finance

Nigel is an acknowledged expert in Mortgage Law and Litigation. He has considerable experience of acting for banks, building societies, centralised lenders and bridging finance companies as well as borrowers. He is the author of Mortgage Possession Actions (Sweet & Maxwell) and maintains his own specialist Mortgage Law website www.legalmortgage.co.uk. Nigel is regularly instructed in relation to:

(1) Settling mortgage deeds, mortgage conditions and related deeds and documents

(2) The construction and enforcement of mortgages and related securities

(3) Obtaining, protecting and enforcing charging orders

(4) Issues as to title, priorities, overriding interests and applications for alteration/indemnity at HMLR

(5) Substantive defences – forgery, non est factum, undue influence, misrepresentation, subrogation, duties on sale, limitation, s 36 AJA 1970, s 140A CCA 1974

(6) The appointment and duties of LPA Receivers

(7) FSMA/MCOB/CCA compliance

Significant Reported Cases

  • CIBC Mortgages Plc v Pitt [1994] 1 AC 200 (House of Lords, mortgages, undue influence)
  • MAES Finance Ltd v Shriskantharaja [1988] EWCA Civ 485 (Court of Appeal, mortgages, appeals)
  • Eagle Star Ltd v Karasiewicz [2002] EWCA Civ 940 (Court of Appeal, mortgages, subrogation)
  • Michael v Miller [2004] EWCA Civ 282 (Court of Appeal, mortgages, mortgagee’s duties on sale)
  • First Mortgage Securities No. 9 Ltd v Smith [2005] EWHC 2455 (Ch) (Chancery Division, mortgages, possession orders)
  • Nolan v Wright [2009] 3 All ER 823 (Chancery Division, consumer credit, limitation)
  • English v English [2010] EWHC 2058 (Ch) (Chancery Division, mortgages, forgery, solicitors’ duty of care)

Profile

Nigel Clayton practises solely in Real Property Law including Probate and Trusts and related areas, and specialises in Mortgage Law and Litigation. He is regularly recognised as a ‘Leading Individual’ in Real Property and Mortgage Law in the Legal 500.

Year of Call: 1987

Areas of Expertise: 

• Banking & Finance
• Charities, Trusts & Probate
• Property

Recommendations

Chambers UK 2017: "He provides excellent written advice. Clients comment on his professional and approachable manner." "Very thorough and good with detail."

Legal 500 2017: ‘A mortgage law specialist.

Legal 500 2014: “Of the highest calibre in real property and mortgage law”

Memberships

Full Member of the Society of Trusts and Estate Practitioners
Property Bar Association
Northern Chancery Bar Association
Northern Circuit
North Eastern Circuit

Publications

Mortgage Possession Actions (Sweet & Maxwell)
Editor of www.legalmortgage.co.uk
Contributing editor of www.propertylawuk.net

Appointments

Recorder (Civil 2002) (Private Family 2011)
Junior Counsel to the Crown Provincial Panel (2000-2013)

Qualifications

LLB (Hons) 1986
Call: 1987 (Inner Temple)
 

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