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21 April 2023 / Stephen Gold
Issue: 8021 / Categories: Features , Procedure & practice , Civil way
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Civil way: 21 April 2023

Stuck with a mortgage; caveat (overseas) emptor; small and attending; Vento bands rise.

WORST ENDEAVOURS

The order for transfer of the jointly owned family home by B to A will often be accompanied by A’s undertaking to use best (or reasonable) endeavours to procure B’s release from their mortgage covenants. Breach of the undertaking may well cause economic loss to B. The remedy for B is to apply for an order for sale. That could be followed by a remortgage and release, as it did in SS v RS [2023] EWFC 32 (Fam). There, B still held out for £80,000 compensation from A. The alleged loss arose from his inability to take out another mortgage and loan interest incurred as a result of a poor credit rating flowing from A’s denied default in payments under the transferred property mortgage. The application was pretty hopeless on the facts, as B accepted the wife’s means had been so limited during the period of alleged default that she had had no capacity to procure his release. Be that as it may, Sir Jonathan Cohen,

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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