Case Law For Assessment Centre

Question 1

C&G BS v Norgan

Answer 1

Starting point for ‘reasonable period’ in s.36 AJA 1970 is the remaining term of the mortgage

Question 2

Mortgage Services Funding v Steele

Answer 2

Where mgor recognises property must be sold, the courts approach is not to delay mgee from exercising its remedies: mgee can property just as well

Question 3

CGBS v Krausz

Answer 3

Negative equity (POS will not discharge whole debt) means s36 power not available

Question 4

Habib Bank Ltd v Tailor

Answer 4

S8 AJA does not apply to all monies charges

Question 5

Gomba holdings Uk ltd v Minories Finance Ltd

Answer 5

Courts discretion as to costs should usually be exercised so as to reflect contractual rights. Mortgagors could object to costs being unreasonably incurred or being unreasonable in amount. BoP on the mortgagor - any doubts resolved on favour of Mgee

Question 6

Halifax v Taffs

Answer 6

Where arrears are cleared, correct order is to adjourn generally with liberty to restore

Question 7

CGBS v Grattidge

Answer 7

Mgee entitled to a concurrent money judgment, suspended on same terms as the PO

Question 8

Hammersmith & Fulham LBC v Hill

Answer 8

Court cannot allow an application to re-enter a dwelling house unless:

1) the PO was set aside
2) the warrant was obtained by fraud
3) oppression in execution of the warrant was proved

Question 9

Citibank Trust v Ayivor

Answer 9

Existence of a counterclaim does not affect mgees right to a PO

Question 10

Abbey National v Mewton

Answer 10

Entitled to infer from poor payment history that unlikely to make future payments