Collections Published Cases

  • We successfully defended a summary trial application in which the Plaintiff sought summary judgment on a joint debt that had been settled unequally between the parties. While the plaintiff took the position that where the parties are jointly and severally liable, they are to share obligations equally. The defendants took the position that the parties had agreed to share obligations and liabilities on a different basis namely, the parties' respective interest in the project in which the debt arose.
  • Successfully represented Plaintiffs in a contested foreclosure of a care home which proceeded by way of trial on the issue of whether certain payments were to be credited to the mortgage or to a collateral contract.
  • Defense of clients in a foreclosure arising from the failure of a complicated Joint Venture relating to the development of a large subdivision in Surrey.
  • Defence of a client against a Mareva injunction attempting to freeze assets.
  • Successfully brought an application dismissing the Plaintiff’s claims relating to foreclosure proceedings and to have the Plaintiff declared a vexatious litigant and precluded from commencing any action without leave of the court.
  • Successfully argued that the Petitioner in a foreclosure proceeding had overcharged the Respondent by not calculating interest annually, and in accordance with the reinvestment principle, the Respondent was entitled to be credited with any overpayment.
  • A complicated application to determine the rate of interest that accrued on a mortgage after judgement had been granted in a foreclosure against the Mortgagee but not against covenantors under the mortgage.
  • Successfully resisted an application to lift a garnishing order before judgment, which had been issued to secure financing fees.
  • A summary trial application to rectify a mortgage which had been corrected by a solicitor after it had been signed.