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England and Wales decisions
Decisions matching the current search
Houssein & Ors v London Credit Ltd & Anor [2025] EWHC 2749 (Ch) (23 October 2025)
The High Court held that the borrower had to make actual repayment in immediately available funds by the Repayment Date; conditional offers did not stop interest.
The court held the borrowers’ repayment communications were not valid tenders, rejected any implied duty to accept them, and upheld the 4% default rate.
Leon v Kensington Mortgage Company Ltd & Anor [2023] EWHC 121 (Ch) (06 February 2023)
The High Court held that a co-debtor who repays a mortgage debt may be subrogated to the lender’s security, including a disclaimed lease, after the other debtor’s dissolution.
The High Court struck out SLF Associates' mortgage redemption claim as an abuse of process, finding it was a collateral attack on an earlier possession judgment and breached the Aldi guidelines.
Rose & Ors v Creativityetc Ltd & Ors [2020] EWHC 3175 (Ch) (26 October 2020)
The High Court granted only a 28-day injunction preventing sale of mortgaged Stockport properties, finding a serious issue to try but weak merits and no full case for longer relief.
The Privy Council varied relief from forfeiture terms, extending time to redeem shares and suspending interest while New York injunctions impeded redemption.
Angel Solicitors (a firm) v Jenkins O'Dowd & Barth (a firm) [2009] EWHC 46 (Ch) (19 January 2009)
The High Court summarily enforced solicitors’ undertakings to redeem mortgages, requiring payment of the sums currently needed to release the charges.
The court held that an early-redemption clause in a commercial loan was unfair under the 1999 Regulations and that excess redemption sums had to be repaid.
The High Court struck out Nicholas van Hoogstraten’s defence and counterclaim after finding his conduct had removed the key witness and made a fair trial impossible.
Zaman v Zoha [2005] EWHC 3539 (Ch) (26 July 2005)
The High Court held that partnership property was to be sold free of the charge, and Mrs Zoha could not insist on redemption as a condition of release.
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