Ben Pilling KC and Ruth Bala co-author Butterworths article on shared appreciation mortgages

The trial of alleged mis-selling of shared appreciation mortgages by Bank of Scotland plc was listed for early 2024 but has very recently settled. In this article Ben Pilling KC and Ruth Bala review the issues that would have been tried. Did the ‘excessive’ finance charge generate an ‘unfair relationship’? Would the Court have used the ‘unfair relationship’ provisions to rewrite a mortgage, where there was full disclosure upon inception of the level of the finance charge?

This article first appeared in the January issue of Butterworths Journal of International Banking and Financial Law

View the full article below:

Butterworths Journal of International Banking and Financial Law – Article 10