Default Charges in agreements & contracts

[garlok]

Re: Default Charges in agreements & contracts

Firstly a simple answer read here there are some partciaular wordings used on "jurisdiction" which have weight:-

>Common law - Wikipedia, the free encyclopedia

regards
Garlok

[garlok]

Re: Default Charges in agreements & contracts

Right, Have sought professional opinion (bar).

Opinion:-

There is NO legal basis WHATSOEVER in the UK on which to base the use of case law of other independent sovereign states and their judicial systems in any case in any court civil or criminal here in the UK other than specifics brought into law in the UK by EU directives and treaties.

It is just about feasible for a good clever advocate to use a piece of case law in an exactly similar case from another jurisdiction in a country like (examples given) Australia, Canada, New Zealand where their judicial system of "ideal" or "common" judge made law operates within the confines of persuasive argument only.

It has NO other basis whatsoever.

Even use in this way is not without risk. The judge may well just throw it out or effectively laugh it out of his court.

It has to be remembered that the judiciary here in the UK deeply resent any invasion of what they believe to be their bailiwick by Divine Right and that includes our own Parliament making Statute Law. Their deep rooted antithesis to the European Courts to which we are bound by Common Treaty now is clearly apparent.

There is more specific to T999s other thread which is not altogether relevant to this.

So in summation technically counsel's opinion:--- NO legal basis whatsoever.

regards
Garlok

[Never-In-Doubt]

Re: Default Charges in agreements & contracts

So in summation technically counsel's opinion:--- NO legal basis whatsoever.

Thanks for clarity - as we said then at the start - I guess common sense does apply over google after all.

[mystery1]

Re: Default Charges in agreements & contracts

Right, Have sought professional opinion (bar).

Opinion:-

There is NO legal basis WHATSOEVER in the UK on which to base the use of case law of other independent sovereign states and their judicial systems in any case in any court civil or criminal here in the UK other than specifics brought into law in the UK by EU directives and treaties.

It is just about feasible for a good clever advocate to use a piece of case law in an exactly similar case from another jurisdiction in a country like (examples given) Australia, Canada, New Zealand where their judicial system of "ideal" or "common" judge made law operates within the confines of persuasive argument only.

It has NO other basis whatsoever.

Even use in this way is not without risk. The judge may well just throw it out or effectively laugh it out of his court.

It has to be remembered that the judiciary here in the UK deeply resent any invasion of what they believe to be their bailiwick by Divine Right and that includes our own Parliament making Statute Law. Their deep rooted antithesis to the European Courts to which we are bound by Common Treaty now is clearly apparent.

There is more specific to T999s other thread which is not altogether relevant to this.

So in summation technically counsel's opinion:--- NO legal basis whatsoever.

regards
Garlok

Does he dismiss the use of text books too ? After all these are not binding but merely persuasive too.

M1

Edit :- They didn't say they couldn't be used but that it wouldn't be often that it'd be useful (i agree with that)

[Never-In-Doubt]

Re: Default Charges in agreements & contracts

They didn't say they couldn't be used but that it wouldn't be often that it'd be useful (i agree with that)

Thing is this is good cos several of us have learned something from this, thus a forum can be handy to get varying idea's....

Very useful and insightful thread, all the same - some great points put across etc..... thanks

[transformer999]

Re: Default Charges in agreements & contracts

Oh my...I only asked one question and look how it turned out......my head is too mashed at the moment to get my around this and to be honest looks like it is more trouble than its worth.....I think I will stick to what the Romans did...

Thank you all...

[transformer999]

Re: Default Charges in agreements & contracts

I was reading this a while ago and thought it was piceless...and it was in the U.K

Negligence claims could drop after GMAC-RFC vs Countrywide verdict | News | Mortgage Strategy

I wander where I could get a copy of this judgment..........priceless...found it! http://www.bailii.org/ew/cases/EWHC/Ch/2011/3307.html

Honour Judge Keyser ruled that Countrywide had not been negligent.But he added that if it had been found liable, the judge would also have found that GMAC-RFC was contributory negligent for not verifying the borrower’s income and other information on the mortgage application.
He claimed that if the lender had carried out the proper checks on the applicant it would probably not have advanced the loan.

[transformer999]

Re: Default Charges in agreements & contracts

Does anyone have any idea how to find out what your house was valued in 2007? is there a way to do this or find out please?

[Susie]

Re: Default Charges in agreements & contracts

Only possible way I can think of is to look up the prices of other houses sold in your road or area, the listings do go back a good few years so there should be something from around that time?
http://www.nethouseprices.com/ are one site that does it.

[transformer999]

Re: Default Charges in agreements & contracts

Thanks susie, will have a look.