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Spencer Bower and Handley: Res Judicata

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Effective Mortgage Enforcement


ISBN13: 9781858111773
ISBN: 1858111773
Published: May 1998
Publisher: EMIS Professional Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print



In the post-O'Brien world, practitioners must remain alert to defendant's tactics and have access to a range of counter-strategies. Those acting for banks and other lending institutions in mortgage litigation will find a ready and reliable companion in this work.

Areas covered are those which tend to arise most frequently in the course of a mortgagee's possession action:

  • defeating Barclays Bank v O'Brien defences;
  • defeating claims linked to O'Brien defences;
  • defeating forgery defences;
  • defeating overriding interests;
  • defeating defences under the Consumer Credit Act 1974; essential procedure.
Included also are example expert reports in forgery and extortionate credit bargain cases. This book is ideal for the solicitor seeking a first point of reference or a quick revision of the relevant law. Barristers should find the emphasis on recent and unreported case law in this fast-developing area of practice useful.