Falcon Chambers has become an associate member of the Council of Mortgage Lenders.
FALCON CHAMBERS BECOMES AN ASSOCIATE MEMBER OF CML
Leading Textbooks
Chambers is the home of authors of
• Fisher and Lightwood’s Law of Mortgage
Wayne Clark (Co-ordinating editor), with Greville Healey, Edward Peters, Oliver Radley-Gardner, Adam Rosenthal et al. (Previous editions: Janet Bignell QC, Martin Dray, Edward Peters, Mark Sefton, Anthony Tanney)
• The Law and Practice of Charging Orders on Land
Charles Harpum (Co-ordinating editor), with Wayne Clark, Tamsin Cox, Martin Dray, Edward Peters, Caroline Shea QC,Jamie Sutherland and Stephanie Tozer
• Megarry and Wade’s Law of Real Property
Charles Harpum et al.
• Registered Land: Law and Practice under the Land Registration Act 2002
Charles Harpum, Janet Bignell QC
• Halsbury’s Laws of England, Vol. 68 (liens)
Wayne Clark (general editor)
• Lightman and Moss: The Law of Administrators and Receivers of Companies (6th ed.)
Timothy Fancourt QC (Contributor)
Leading Cases
Members of Chambers have appeared in a number of important cases on mortgage and security issues. Derek Wood QC and Stephanie Tozer appeared on opposite sides in the leading House of Lords authority, West Bromwich v Wilkinson [2005], which determined the limitation period for shortfall claims. Stephen Jourdan QC and Ciara Fairley appeared in McDonald v McDonald [2016], acting for a mortgage receiver seeking possession against an assured shorthold tenant. The case decided the important issue of whether rights under the European Convention on Human Rights could be invoked as a defence in possession proceedings between private individuals.
Additionally,
• Gary Cowen appeared in Urban Ventures v Thomas [2016], where the Court of Appeal had to consider whether the issue of a new facility letter meant that the original advance was deemed repaid and a new advance made (which would have resulted in the charge losing priority) or whether it simply varied the terms of the original charge.
• Gary Cowen and Stephen Jourdan QC also appeared (in the High Court and Court of Appeal respectively) in Dickinson & Anr v UK Acorn Finance [2015], concerning issues under FSMA and the operation of procedural estoppel and abuse of process.
• Nat Duckworth appeared in the Court of Appeal in CF Business Ltd v Munday [2014], a mortgage possession case raising issues of estoppel by convention and cause of action estoppel.
• In Fitzwilliam v Richall [2013], Greville Healey appeared in the High Court on issues involving rectification of the register in a case concerning a fraudulent transaction.
• In Bower Terrace v Space Student Living Ltd [2011], Wayne Clark appeared against Jonathan Small QC and Stephanie Tozer in an application made by receivers for an interim order for possession, relating to student accommodation.
• In Consolidated Finance v Cook [2010], Oliver Radley-Gardner appeared in the Court of Appeal for a mortgagee who had provided funds to annul the mortgagor’s bankruptcy. The case concerned the operation of a costs clause.
• In Cook v Mortgage Business [2012] EWCA Civ 17, Jonathan Small QC (with the assistance of Ciara Fairley) acted in the Court of Appeal on equity release schemes, raising issues of priorities.
Members of chambers have also conducted substantial trials in mortgage fraud cases, dealt with cases raising issues of undue influence/duress, and regularly consider questions of subrogation / alternative remedies where the security is defective and priority questions arise. Further, members of chambers are often instructed in insolvency issues, personal and corporate, involving issues of securities.
Wider Chambers’ Expertise
Land registration issues frequently arise in mortgage litigation. Chambers has a particular strength in this respect: Charles Harpum was responsible for drafting the majority of the Land Registration Act 2002; and four members (Stephen Jourdan QC, Gary Cowen, Martin Dray and Stephanie Tozer) sit as a part-time judges of the First Tier Tribunal (Property Chamber)(Land Registration). Cecily Crampin has become the first barrister member of the Association for Property and Fixed Charge Receivers (NARA).
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