Section 104(2) is frequently used to ease the conveyancing process when a mortgagee sells the security: it enables the mortgagee to pass good title to a purchaser even if the exercise of its power of sale is unauthorised, improper or irregular. The corollary of that power, the obligation to pay damages if a wrongful sale occurs, has, until recently, received little attention. This article high-lights two recent cases, explains what we can learn from them, and sets out some thoughts on the remaining unanswered questions arising out of this provision. Stephanie Tozer KC and Kavish Shah wrote this article for Butterworths Journal of International Banking and Financial Law.
In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: time limits on appeal, cynical breach of restrictive covenants, and limitation periods for breach of statutory duty under FSMA.
Tricia Hemans and Daniel Black take an in-depth and practical look at the intermediate track, covering the four bands, costs, and questions that are yet to be answered, in an article for the New Law Journal.
In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: when new points can be raised on appeal, compliance with tenants’ rights of first refusal, and the costs of dispensing with consultation requirements in the context of the Building Safety Act.