Speakers Corner: Covid-19

 

Cecily Crampin and Julia Petrenko (Falcon Chambers) – The Scope of PD 51 Z: Court of Appeal decision in Marshall (acting by Mehmet Arkin as fixed charge receiver) v Marshall & Another

Cecily Crampin and Julia Petrenko consider the implications of Marshall (acting by Mehmet Arkin as fixed charge receiver) v Marshall & Another[2020] EWCA Civ 620 in which the Court of Appeal dismissed the challenges made to Practice Direction PD 51Z and confirmed that the stay applies even to directions agreed by the parties, though the […]

2nd Jul 2020 Covid-19 Read more

Martin Dray (Falcon Chambers) – Not positively unjust? The difficulty in obtaining rectification of the register against a proprietor in possession.

Martin Dray discusses Rees v 82 Portland Place Investments LLP [2020] EWHC 1177 (Ch), which shows that there is no guarantee that an innocent party who loses out by reason of a Land Registry mistake will prevail in securing rectification of the register in its favour. Everything may boil down to whether it is positively […]

2nd Jul 2020 Covid-19 Read more

Anthony Tanney (Falcon Chambers) – Arkin v. Marshall – some Dicey implications

Anthony Tanney analyses the Court of Appeal’s recent decision in Arkin v. Marshall [2020] EWCA 620 (Civ): A claim by receivers against mortgagors for possession of the mortgaged property. The issue for the Court of Appeal concerned the effect on those proceedings of the stay imposed by the emergency coronavirus practice direction, PD51Z. Click here […]

2nd Jul 2020 Covid-19 Read more