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Foot Anstey

| less than a minute read

Court of Appeal provides welcome clarity on mortgagee exclusion clauses

Last year, the High Court ruled against Westminster City Council on the interpretation of a historic mortgagee exclusion clause (“MEC“) in a section 106 agreement. The Council appealed, and the Court of Appeal has now upheld that decision, confirming that the protection conferred by the MEC was fixed when the qualifying mortgage was granted. As a result, […]