Moths and Replies to Enquiries – A Salutary Lesson Iya Patarkatsishvili (1) Yevhen Hunyak v William Woodward – Fisher [2025] EWHC 265 (Ch) The judgment of Mr Justice Fancourt sitting in the High Court of Justice on 10 February 2025 is an interesting one and provides a reminder to take care when answering enquiries as a seller. In this case [...]
Declaratory Judgments. YOU SHALL, NOT, MERGE! The common law doctrine of merger in judgment does not apply to declaratory judgments. So confirmed the UK Supreme Court when today it handed down its judgment in Nasir v Zavarco Plc [2025] UKSC 5. Lee Donoghue, Jessica Verrall, and Rabia Azam at Teacher Stern LLP acted for the Appellant Tan Sri Nasir, with [...]
The age of legal reform in the property sector – is the 1954 Act next? On the 19th November 2024, the Law Commission published its Consultation Paper (the “Paper”), which concerns Part 2 of the landlord and tenant Act 1954 (or as it is well known : “the 54 Act”). The Law Commission considers, for a variety of reasons, that [...]
What does a ‘good arguable case’ mean in the context of a freezing injunction? In the recent case of dos Santos -v- Unitel SA, [1] the Court of Appeal clarified this key threshold test for obtaining a freezing injunction. What are freezing injunctions? A freezing injunction[2] is a discretionary remedy which prevents the respondent from disposing of or dealing with [...]
Barclays have set up a training contract where participants will spend half their time at TLT or Simmons & Simmons (i.e. in private practice) and the other half in house at Barclays. At the end of the training contract, trainees can apply for nq positions at any of the three organisations. This course, along with the SQE, is another way [...]
Once hailed as “one of the most innovative developments” in the home loan market and “the bedrock of financial planning for millions”, the Shared Appreciation Mortgage which was offered to consumers by the Bank of Scotland (now part of the Lloyds Banking Group) and Barclays Bank in the 90s, soon revealed itself as a grossly unfair product with bitter consequences [...]
Billed by the Banks in the late 90s as one of the best and most generous retirement mortgages on the market, SAMs offered customers the opportunity to release up to 25% of the value of their property. The mortgages have, however, had the effect of trapping clients in their own homes. In addition to the adverse practical impact of the [...]
The first known arbitration decision following the Commercial Rent (Coronavirus) Act 2022 has been released, under which the tenant failed to obtain relief from rent arrears in respect of its registered office. Facts Signet Trading Ltd, the world’s largest specialist jeweller which operates around 300 retail stores and trades as H Samuel and Ernest Jones, sought relief from its rent [...]
Teacher Stern LLP are pleased to announce that they have successfully negotiated a settlement with Barclays Bank on behalf of 37 clients who took out Shared Appreciation Mortgages in the late 1990s. While the details of the settlement are confidential Teacher Stern LLP are proud to have concluded settlement on behalf of their clients who had suffered years of uncertainty [...]
Consumer Credit Act applies to settlements by “Tomlin” order – CFL Finance Ltd v Gertner On 23 February 2021 the Court of Appeal handed down its judgement in CFL Finance Ltd v Gertner [2021] EWCA Civ 228, confirming that the Consumer Credit Act 1974 (CCA) can apply to settlement agreements appended to “Tomlin” orders and that deferment of a debt [...]
