The mortgagor is entitled to make payments to the mortgagee, whether of principal or interest, and to have credit for them as against the transferee after the transfer until he has received notice of it1. The notice, which may be actual or constructive2, stops the mortgagor's right of set-off in respect of matters arising subsequently3. The mortgagor is not, by reason of omitting to call for production of the mortgage deed on payment of part of the principal4, or even on payment of the whole5, guilty of such negligence as to be postponed to the transferee, the transferee being
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What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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