Equitable Mortgage in UK Law

Leading Cases
  • National Westminster Bank Plc v Skelton (Note)
    • Court of Appeal (Civil Division)
    • 26 May 1989

    I say nothing about the case where a mortgagor establishes that he has a claim to a quantified sum by way of equitable set-off. Possibly such a claim might have the effect of actually discharging the mortgage debt. In my judgment, however, the Mobil Oil principle is applicable both where the cross-claim is a mere counterclaim and where it is a cross-claim for unliquidated damages which, if established, would give rise to a right by way of equitable set-off.

  • Orakpo v Manson Investments Ltd
    • House of Lords
    • 06 Jul 1977

    My Lords, there is no general doctrine of unjust enrichment recognised in English law. It is a convenient way of describing a transfer of rights from one person to another, without assignment or assent of the person from whom the rights are transferred and which takes place by operation of law in a whole variety of widely different circumstances.

  • Re Cosslett (Contractors) Ltd
    • Court of Appeal (Civil Division)
    • 29 Jul 1997

    There are only four kinds of consensual security known to English law: (i) pledge; (ii) contractual lien; (iii) equitable charge and (iv) mortgage. A pledge and a contractual lien both depend on the delivery of possession to the creditor. The difference between them is that in the case of a pledge the owner delivers possession to the creditor as security, whereas in the case of a lien the creditor retains possession of goods previously delivered to him for some other purpose.

  • Swift 1st Ltd v Colin and Others
    • Chancery Division
    • 27 Jul 2011

    The Land Registry have taken the point in correspondence that, as the charge was unregistered, it took effect in equity only and that, as an equitable mortgage, albeit made by deed, the power of sale did not arise. This, it seems to me, is erroneous. The power of sale, as I have said, arises under section 101 of the 1925 Act, and that merely requires that a mortgage be made by deed, which this one was.

  • Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
    • House of Lords
    • 26 Feb 1998

    This does not of course mean that questions of intention may not be highly relevant to the question of whether or not enrichment has been unjust.

  • Stack v Dowden
    • House of Lords
    • 25 Apr 2007

    The law has indeed moved on in response to changing social and economic conditions. The search is to ascertain the parties' shared intentions, actual, inferred or imputed, with respect to the property in the light of their whole course of conduct in relation to it.

  • Eagle Star Insurance Company Ltd v Green and Another
    • Court of Appeal (Civil Division)
    • 29 Jan 2002

    In my judgment the case in United Bank of Kuwait v Sahib does not help Mr Green, because that was a case where there was no deed, unlike this case. There was in that case a purely informal equitable mortgage by deposit of title deeds. That had no effect because, as a contract, it was required to comply with section 2 and it did not comply. In my judgment His Honour Judge Jones was right to reject the submission that Mr Green made on the effect of section 2.

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Legislation
  • Law of Property Act 1925
    • UK Non-devolved
    • January 01, 1925
    ......as follows:— . I . General Principles as to Legal Estates, Equitable Interests and Powers. Part I. . General Principles as to Legal Estates, ... .   . ( c . ) A charge by way of legal mortgage;. .   . ( d . ) Land tax, tithe rentcharge, and any other. similar ......
  • Settled Land Act 1925
    • UK Non-devolved
    • January 01, 1925
    ...... conveyance, and saving of rights of personal representatives and equitable chargees. 8 Mode and costs of conveyance, and saving of rights of ...thereto by a legal mortgage, before the execution of a. conveyance under either of those sections. ......
  • Law of Property Act 1922
    • UK Non-devolved
    • January 01, 1922
    ....... Legal Estates, Equitable Interests and Powers. . Legal Estates, Equitable Interests and Powers. . ...of this Act (not being a power vested in a legal. mortgagee or chargee by way of legal mortgage or an. estate owner in right of his ......
  • Judgment Mortgage (Ireland) Act 1850
    • UK Non-devolved
    • January 01, 1850
    ......II Existing Judgments, &c. not to affect Land purchased after passing of this Act. . II. And be it enacted, That where any legal or equitable Estate or Interest or any disposing Power in or over any Lands, Tenements, or Hereditaments shall, under any Conveyance, Lease, Deed, or Instrument ......
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Books & Journal Articles
  • Equitable Security Interests: Their Creation and Priority
    • Nbr. 3-1, February 1995
    • Journal of Financial Crime
    • 65-68
    Fraud, so it seems, never goes out of fashion. The United Bank of Kuwait plc advanced monies to Mr Sahib, and when the monies were not duly repaid, the Bank took proceedings to recover the debt due...
    ...... i t hel d a n equitabl e mortgag e ove r th e interest s whic h wer e th e subjec t o f th e chargin g order , tha t it s mortgage s wer e create d before th e chargin g order s obtaine d b y th e Unite d Ban k o f Kuwait , an d tha t it s mortgage s consequentl ......
  • The Mortgage Arrears Pre‐Action Protocol: An Opportunity Lost
    • Nbr. 72-5, September 2009
    • The Modern Law Review
    In February 2008, the Civil Justice Council circulated for consultation a mortgage arrears pre‐action protocol that proposed some of the most radical and significant reforms of the repossession pro...
    ......Hinting at a return to the equitable tradition, the draftprotocol required a minimum level of equitable dealing within the mortga ge rela tionshipcoupled withthe restriction and, at ti ......
  • “LORD THURLOW'S EQUITY” OR “A CUCKOO IN THE LEGAL NEST”?
    • Nbr. 33-2, March 1970
    • The Modern Law Review
    ...... pledge gives an assignable interest.8 Similarly a mortgage is an assignable right in the property charged and does not ... in such a situation the holder of the deeds had an equitable mortgage. This overuame the difficulties of the Statute of ......
  • NOTES OF CASES
    • Nbr. 18-6, November 1955
    • The Modern Law Review
    Equitable Priorities and the Matrimonial Home
    ...... NOTES OF CASES EQUITABLE PRIORITIES AND THE M ~TRIMONIAL HOME ONE of the chief ... The case was the now familiar one of a mortgagee seeking possession of a matrimonial home against a ......
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Law Firm Commentaries
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