Scott v SPML EWCA Civ 17 [2012] UKSC 52 [2014] - when will the judgement (given 22.10.2014) be vacated ,and if not why not?

Indigo made this Freedom of Information request to Supreme Court of the United Kingdom

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Response to this request is long overdue. By law, under all circumstances, Supreme Court of the United Kingdom should have responded by now (details). You can complain by requesting an internal review.

Dear Sir/Madam

Scott v SPML EWCA Civ 17 [2012] UKSC 52 [2014]

Legal documentation already in the public domain, for instance

* mortgage sale agreement (28 November 2007) between Preferred Mortgage Limited,
Southern Pacific Mortgage Limited, Eurosail-UK 2007-6NC Plc, and BNY Corporate
Trustee Services Limited

* Lehman Brothers prospectuses issued for the Special Purpose Vehicles "Eurosail"
(15 August 2007 and since then) for Directive 2003/71/EC

* Notices to (Eurosail) Noteholders published by Reuters in August 2010 (the proceedings against Rosemary Scott and others should have been abandoned at this point, if not earlier)

* Directive 2005/60/EC (26 October 2005), replaced by Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 "on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing"

seem to indicate that (because of the standing of the Claimant/First Respondent) the Supreme Court decision in Scott v SPML contravenes EU anti-money-laundering laws.

My FOI request is for any information about whether or not the Supreme Court judges who made that "landmark" decision have considered vacating the judgement given on 22 October 2014 and, if they have considered it and decided not to vacate the judgement, what were their reasons for not vacating the judgement. There is, self-evidently, a public interest in publishing this information.

Statement of truth: I believe that the facts stated by me in this FOI request are true.

Thank you.

Yours faithfully
Rachel Mawhood

Indigo left an annotation ()

Land Registration Act 2002. The suppression and concealment from HM Land Registry of the identity of the real beneficiary of the legal charge is a criminal offence. After January 2009 SPML failed to perfect the sale of its Residential Mortgage Backed Securities to the SPVs Eurosail but, instead, remained registered as the beneficiary of the legal charge of its first-charge mortgages (whereas in fact it retained only the ownership of the intellectual property in the name), and thus all interested parties were deceived by this concealment with one exception: the Noteholders of the SPVs Eurosail.