Watching the clock

Discusses the implications of the Court of Appeal ruling in Ashe v National Westminster Bank Plc on whether a mortgagee's right to possession ran from the date that the legal charge was made over property, meaning that attempts to enforce possession 12 years after the mortgage was agreed were statute barred. Considers the reasons for banks to delay possession, the application of adverse possession rules in this context and the issue of public interest. Advises mortgagees on the benefits of limiting rights to possession to only become actionable when mortgagors are in default to avoid claims becoming statue barred. [From Legal Journals Index]

Partners moving freely

Examines the provisions of European Parliament and Council Directive 2004/38 protecting the rights of EU citizens' partners to move freely within the EU. Highlights criticisms of the previous legislation, in particular, the lack of rights for cohabitees. Considers the extension of rights to registered partners, and the improved position of unmarried partners, noting, however, the lack of guidance on whether an unmarried couple's relationship is "durable" and "duly attested". Explains the circumstances in which non-EU spouses will not now lose the right of residence on divorce. [From Legal Journals Index]