The stay of possession proceedings in CPR 55.29; PD 55C (Coronavirus: Temporary Provision in relation to Possession Proceedings); the Overall Arrangements for Possession Proceedings; and miscellaneous FCA Guidance offering concessions and forbearance to borrowers during the pandemic, have all now come to an end, and with mortgage interest rates soaring to record recent highs, we look set to face a fresh wave of repossessions, with related mortgage litigation.
Join a team of specialists from Kings Chambers for a quick refresher on some of the key topics which are likely to arise in mortgage litigation at the moment.
Introduction: 00:00
Dr Nathan Smith – Common Defences to Possession Claims: 03:17 A practical guide to non-standard defences that are typically encountered in mortgage possession claims. Nathan will provide an update on the law and provide some insights into how to manage defended cases effectively. Nathan joined chambers in 2008 and practises in all areas of commercial dispute resolution and business and property law, with a particular emphasis on real estate and mortgage law. He has many years of experience acting in mortgage litigation on behalf of banks, building societies and borrowers.
Nigel Clayton – Regulatory Compliance: Key Points: 31:27 Nigel will provide a quick guide to some of the key points involving claims arising out of the FCA Handbook, MCOB and the FOS, and also talk through the regulation of prohibited activities in the FSMA. Not sure what all the acronyms stand for? You need to attend this talk. Nigel Clayton is a property lawyer specialising in mortgage law and litigation, and has considerable experience of acting for lenders and borrowers. He is the author of the latest edition of Atkin’s Court Forms, Vol 28(1), mortgages, the editor of www.legalmortgage.co.uk and the mortgage editor of www.propertylawuk.net. He sits as a Business & Property Court Recorder, and is an Accredited Mediator.
Ian Cooper – Practice and Procedure in Mortgage Possession Claims under CPR 55: A Nuts and Bolts Guide: 51:00 Not sure what, if anything, of the covid-machinery is left when it comes to possession proceedings? As interest rates soar and possession lists begin to swell, Ian puts the possession procedure back under the microscope, providing a helpful reminder of the do’s and dont’s of mortgage possession claims under CPR Part 55. Since becoming a member of chambers in October 2021 Ian has quickly developed a busy commercial chancery practice with a particular emphasis on property law. In a short space of time, Ian has gained much experience acting for lenders and borrowers. Clients value his user-friendly approach, combining a forensic eye for detail with an insatiable work ethic.
