Secured indebtedness, set-off and enforcement: the law after Woodeson v Credit Suisse

Secured indebtedness, set-off and enforcement: the law after Woodeson v Credit Suisse

28 Mar 2019 | 1 min read
Secured indebtedness, set-off and enforcement: the law after Woodeson v Credit Suisse

It has long been recognised by practitioners in the mortgage field that the existence of a cross-claim for unliquidated damages will not give the borrower a defence to the lender’s claim for possession. This article written by Elizabeth Ovey at Radcliffe Chambers explores the policy underlying that principle and its recent application by the Court of Appeal in Woodeson v Credit Suisse and examines its scope and consequences, particularly in relation to other forms of secured lending, issues of limitation and a possible exception where the cross-claim is based on an allegation of deceit.

Click here to read the full article.


Latest Articles:
About the author:
Neeta started her legal career at Allen & Overy in 2008 in the midst of the global financial crisis and the collapse of Lehmans where she gained most of her paralegal experience.Neeta also did a short stint in litigation...