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England and Wales decisions
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Dhillon v Orchard & Anor [2026] EWCA Civ 346 (23 March 2026)
Court of Appeal held that FSMA section 26 recovery rights do not extend to successors in title, and allowed the appeal.
The Court of Appeal held that FSMA section 26 recovery rights do not extend to successors in title and allowed the appeal. It also held the new point should not have been admitted.
The defendants' statutory right to recover property transferred under an unenforceable sale and rent back agreement binds successors in title and constitutes a mere equity protected by actual occupation under the Land Registration Act; the claimant did not carry on regulated activities by way of business, but the right to recover property is not defeated by transfer to a third party.
Source excerpt
Orchard & Anor v Dhillon [2025] EWHC 834 (Ch) (08 April 2025)
Appeal over a sale-and-rent-back property dispute. The court rejected the business-activity ground but held the defendants’ FSMA recovery right could bind the claimant as successor in title.
Financial Conduct Authority v London Property Investments (UK) Ltd (t/a LPI Emergency Property Finance) & Ors [2024] EWHC 1276 (Ch) (24 May 2024)
The High Court found that LPI and NPI carried on unauthorised regulated mortgage and sale-and-rent-back activities, with the Stevens knowingly involved, and granted declarations, remedies and restitution.
The High Court found LPI and NPI carried on regulated mortgage activities without authorisation, with Tony and Daniel Stevens knowingly concerned.
Financial Conduct Authority v London Property Investments (UK) Ltd & Ors [2022] EWHC 2862 (Ch) (11 November 2022)
The High Court found that LPI and NPI carried on unauthorised regulated mortgage and sale-and-rent-back activity, and that two individuals were knowingly concerned.
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