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09 January 2015 / Lina Mattsson
Issue: 7635 / Categories: Features , Property
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Harsh but fair?

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You can’t give what you don’t have, says Lina Mattsson

Lord Collins stated in terms that the decision in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, [2014] All ER (D) 251 (Oct) was ultimately a decision of “which of the innocent parties will bear the consequences” when lending goes wrong. The balancing of competing interests between “innocent occupiers” and “innocent lenders” has troubled the courts for decades. In the high watermark of protection for beneficiaries under a trust in actual occupation, the House of Lords in Williams and Glyn’s Bank v Boland [1981] AC 487, [1980] 2 All ER 408 put some onus on lenders to make enquiries. Fearing that Scott would be another high watermark, the lending industry was holding its breath for some seven months awaiting the Supreme Court’s decision which was finally handed down on 22 October 2014.

The facts

Rosemary Scott’s case was originally one of ten test cases involving shady buy-and-rent-back agreements. The facts had not been determined and the case was decided on assumed facts, which everyone accepted were probably true. Ms Scott had been persuaded

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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