header-logo header-logo

06 March 2008
Issue: 7311 / Categories: Legal News , Public , Property , Housing
printer mail-detail

Residential mortgage arrears need more regulation

Housing

An increase of private landlords and mortgage lenders issuing possession claims on homeowners has prompted the Civil Justice Council to propose tighter regulation. The CJC is calling for a mortgage arrears pre-action protocol to be brought into force, and launches its consultation this week. The protocol aims to ensure all reasonable steps are taken to avoid litigation before the commencement of proceedings, and to encourage the exchange of early and full information about the prospective legal claim.

Under the draft protocol, lenders must inform the borrower that arrears have accrued within 15 business days, and provide the borrower with a list of missed payments and charges. Lenders must not put unreasonable pressure on borrowers through excessive telephone calls or contact at unreasonable hours, should agree affordable repayments, and should consider changing the type of mortgage by extending it or deferring payment of interest. Historically, local authorities and housing associations have issued the bulk of possession claims, but figures for the third quarter of 2007 show more mortgage arrears possession claims being issued than standard landlord possession claims.

Sir Anthony Clarke, master of the rolls and chair of the Civil Justice Council, says: “These important proposals come at a very timely juncture. The proposed protocol aims to encourage mortgage lenders and borrowers to resolve problems... without recourse to the courts. Where recourse to litigation cannot be avoided, it aims to ensure that the court system is used effectively and efficiently.”

Issue: 7311 / Categories: Legal News , Public , Property , Housing
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll