Nautch Ltd & Ors v Mortgage Express & Anor

Most receivers' appointments were valid under mortgage terms; invalid appointments resulted in limited damages. No overcharging of interest was established. Receivers' fees and legal costs were generally contractually permitted. Only minor damages and credits were awarded. Claimants' claims were exaggerated and disproportionate; defendants entitled to costs.

Parties: Claimants: Nautch Limited & Others; First Defendant: Mortgage Express; Second Defendant: Walker Singleton (Property Management) Limited
Jurisdiction: England and Wales
Judgment Date: 23 November 2012
Procedural Posture: Civil / Final Judgment After Trial
Outcome: Claims largely dismissed; minor damages and credits awarded; defendants awarded costs.
Legal Topics: Mortgage Enforcement, Appointment of Receivers, Contractual Terms, Damages, Costs, Interest Overcharging, Trespass, Agency

Property Law Contract Law Civil Procedure Mortgage Enforcement Appointment of Receivers Contractual Terms Damages Costs +3 more

Case Brief

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 3

Parties

Nautch Limited & Others

Claimants

Mortgage Express

First Defendant

Walker Singleton (Property Management) Limited

Second Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

1 Validity of receivers' appointments
2 Effect of Arrears Agreement
3 Lawfulness of charges and fees

Ratio Decidendi

Court Disposition

Claims largely dismissed; minor damages and credits awarded; defendants awarded costs.

Orders

Damages and credits to mortgage accounts totalling under £4,000 awarded to claimants.
Defendants (Mortgage Express and Walker Singleton) awarded costs on indemnity basis from June 2011, standard basis before then.