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Twenty months after our application to have a void and illegal mortgage canceled and removed from the Charges Register by the Land Registrar at Durham Land Registry, Bank of Scotland has withdrawn its entirely bogus legal objection to its removal and requested that the Property Chamber [which replaced the Land Registry adjudicating service and has […] Read More

Having spent the better part of the last five years fighting miscarriages of justice over demonstrably void mortgages in her majesty’s courts, it gives me immeasurable pleasure to act as the bearer of good tidings to all those who are currently engaged in similar struggles against the mortgage bandits. Following three hearings before two rather […] Read More

As many of the people who follow my posts already know, I am currently engaged in fighting one of the most clear cases of judicial collusion I have ever witnessed, over the claim of fraud upon the court which the trustees of my family’s property trust served [along with particulars] in the of Autumn last […] Read More

The following is a transcript of a recent High Court judgment, explaining the reasons for the striking-out of a possession order over a property, which was obtained by Spanish bank Santander’s misrepresentation of whether a purported mortgage they were seeking to enforce had been securitised. To the very best of my knowledge, this is the […] Read More

In the summer of 1987, on the morning before my A level History exam, I oversaw the removal of all my family’s property from our home, in a leafy village in the north of Bernicia. We had been served a notice of eviction by the Official Receiver who was appointed by the High Court my […] Read More

This UK-centric process is not for the faint-hearted or those looking for a quick-fix. If you not in default but have gleaned sufficient knowledge to know that you have been duped, conned and/or misled, then you might consider taking the following course of action against your mortgage bandit, whose entire modus operandi is to get you […] Read More

The following documents comprise a sanitised version of the process that was initiated earlier this year against invalidly appointed LPA Receivers, who have been acting illegally in the name of the Lien Claimant for almost three years, following their unlawful appointment by an arm of a criminal banking cartel, in the absence of valid and […] Read More

There now follows a transcript of the judgment of HHJ Behrens QC, which is subject to Crown Copyright and published under a Fair Use Notice for educational purposes, having been handed down at the ex-parte hearing of the foregoing application for permission to proceed with Judicial Review, in the High Court at Leeds on 28 […] Read More

Below are the relevant sections from the 1996 Court of Appeal decision in UBK v Sahib & others, which demonstrate beyond doubt that in the absence of a mortgage contract that contains all of the terms and conditions of the agreement and the signatures of both the mortgagor [the alleged borrower] and the mortgagee [the […] Read More

By Shirley Lewald, Solicitor Advocate Higher Rights (Civil and Criminal Courts), MSc (Psych), PGDip (SocSc), PGCPSE, LLB (Hons). The interesting and important nature of a ‘void’ order of a Court is not fully understood and appreciated in England and this article is written to assist the understanding of a ‘void’ order and to assist legal […] Read More

All England Law Reports/1956/Volume 1 /Lazarus Estates Ltd v Beasley – [1956] 1 All ER 341   [1956] 1 All ER 341   Lazarus Estates Ltd v Beasley     COURT OF APPEAL   DENNING, MORRIS AND PARKER LJJ     12, 13, 24 JANUARY 1956   Rent Restriction – Repairs increase – Landlord’s declaration […] Read More

Garguilo v Jon Howard Gershinson & Anr [2012] EWLandRA 2011_0377 (06 January 2012) We are pleased to welcome solicitor and partner Anis Waiz of Mohindra Maini LLP as he continues his critical review of current case law. Here, Anis examines Garguilo v Jon Howard Gershinson (2) Louisa Brooks Joint Fixed Charge Receivers of Desmond Daniel […] Read More

Neutral Citation Number: [2008] EWHC 2721 (Admin) Case No: CO/936/2008 IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION ADMINISTRATIVE COURT Royal Courts of Justice Strand, London, WC2A 2LL 13/11/2008 B e f o r e : THE HONOURABLE MR JUSTICE UNDERHILL ____________________ Between: The Queen on the Application of (1) Mercury Tax Group Limited […] Read More

Law of Property (Miscellaneous Provisions) Act 1989 The Section 1(3) Argument and the Estoppel Issue Section 1 (3) of the Law of Property (Miscellaneous Provisions) Act 1989 provides  that: “An instrument is validly executed as a deed by an individual if, and only if, (a) it is signed – (i) by him in the presence […] Read More

UNITED BANK OF KUWAIT V SAHIB & OTHERS (1996) Times, 13 February Deposit of deeds does not create charge COURT OF APPEAL Published 13 February, 1996 Before Lord Justice Leggatt, Lord Justice Peter Gibson and Lord Justice Phillips Judgment February 2, 1996 Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, which provided […] Read More

BLUNDELL LECTURES – 34TH ANNUAL SERIES THE ENFORCEABILITY AND UNENFORCEABILITY OF CHARGES OVER LAND – PART I HAVE I GOT A CHARGE? Introduction 1. The overriding theme of this year’s Blundell Lectures is dictated by the economy. Do I have to pay? Can I get out of paying? Can I sue the guarantor? These are […] Read More

CLASS ACTIONS: REINVENTING THE WHEEL CIVIL JUSTICE COUNCIL COLLECTIVE ADDRESS EVENT THEOBALD’S PARK: 26 – 27 MARCH 2008   Introduction 1. Imagine you’ve hitched a ride with David Tennant (something which might appeal more to some than others) and he’s taken you back to 1904. He could take you anywhere, to see anyone, but you […] Read More

Extracts from Halsbury’s Laws of England, widely regarded within the legal profession as ‘the bible of English Law’. 701. Types. The concept of lien in the simple sense of a legal right to keep possession of property until a claim has been met and has been extended to cover a number of analogous rights. Liens […] Read More

The following is a series of extracts from Paget’s Laws of Banking, 1904. SECURITIES FOR ADVANCES The Banker’s Lien APART from any special security, the banker can look to his general lien as a protection against loss on loan or overdraft. The general lien of bankers is part of the law merchant and judicially recognised […] Read More

Contrary to every day usage of bills of exchange, all money is debt.Since all forms of legal currency since the abolition of the gold and silver standards are nothing more than a promise to pay the bearer the value of the pledge, as evidenced by every bank note currently in public circulation, it is easy […] Read More

“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.” Alfred Thompson “Tom” Denning, 23 January 1899 – 5 March 1999. Over the course of the last four years I have watched the […] Read More