Mortgages: Assessing secret commissions

Joe Edwards and Will Leney report on a case relating to mortgage enforceability and secret commissions ‘In this case, the court determined that the payments to UKFMS were fully secret commissions as Mrs Wood had not received written notice of the amounts in accordance with the broker’s terms and conditions.’ On 5 November 2019, the …
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Cases Referenced

  • Bank of Scotland plc v Waugh & ors [2014] EWHC 2117 (Ch)
  • CIBC Mortgages v Pitt [1994] UKHL 7
  • Commercial First Business Ltd v Pickup & anor [2017] CTLC 1
  • Deutsche Bank (Suisse) SA v Khan [2013] EWHC 482
  • Industries and General Mortgage Co Ltd v Lewis [1949] 2 All ER 573
  • Logicrose Ltd v Southend United Football Club Ltd. (No. 2) [1988] 1 WLR 1256
  • Nelmes v NRAM plc [2016] EWCA Civ 491
  • Re Diplock [1948] Ch 465 FHR European Ventures LLP & ors v Cedar Capital Partners LLP [2014] UKSC 45
  • Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 44
  • Wood v Commercial First Business Ltd (in Liquidation) & ors [2019] EWHC 2205 (Ch)