The Supreme Court will this morning commence hearing the appeal of Rosemary Scott, the remaining test case appellant from the decision of the Court of Appeal in Cook-v-Mortgage Business [2012] EWCA Civ 17.
UPDATE 23/10/14

Judgment was handed down on 22nd October 2014 - Scott v Southern Pacific Mortgages and others [2014] UKSC 52  The appeal was dismissed.

There has also been extensive coverage of the impact of the court's decision upon the home owners concerned including this:

Sick and elderly face pre-Christmas eviction as court backs lenders - The Guardian

Mrs Scott sold her home on a sale and leaseback to the nominee of an organisation named UK Property Buyers at a considerable undervalue and in return for which she had a significant deduction made from the proceeds of sale in return for promises that she could stay as a tenant at a low rent for life and that her son could succeed to her tenancy .

Unknown to her the purchase was funded by a self-certificated Buy to Let mortgage and when UK Property Buyers, together with its associated organisation North East Property Buyers, stopped paying the sums due under the mortgage Southern Pacific Mortgage Limited sought possession.

The Supreme Court will consider in particular whether Mrs Scott obtained an equitable interest binding under Schedule 3 Para 2 Land Registration Act 2002 upon the mortgagees at the time of the contract of sale and whether Abbey National Building Society-v-Cann [1991] 1 AC 56  applies or not to this situation where it is argued that the sale and leaseback are one transaction such that the mortgagee at no time received a charge over a freehold already subject to the lease.

James Stark of Garden Court North Chambers led by Bryan McGuire, QC of Cornerstone Chambers and instructed by David Gray Solicitors appears for Mrs Scott .

UPDATE: After a second day, judgement has been reserved in this case.


February 2012 - North East Property Buyers Court of Appeal decision - Cook v The Mortgage Business Plc [2012] EWCA Civ 17 (24 January 2012)