01 November 2024
The Supreme Court recently handed down guidance on what to do when a regulated mortgage contract is breached
Writing in this week’s NLJ, Cecily Crampin and Caroline Shea KC, Falcon Chambers, provide comment on the case and look into its implications and the broader issues involved.
Crampin and Shea write that the Supreme Court decision ‘gives general guidance on the correct approach to take when a statutory provision requires an action before a power can be exercised, but does not specify the consequence of failure. One instance of that problem arises in mortgage law.’
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