Equitable Mortgage in UK Law

  • Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
    • House of Lords
    • 26 Febrero 1998
    ... ... raises, in unusual circumstances, a question on the scope of the equitable remedy of subrogation. The appellant, the Banque Financiere de la Cité ... Mrs. Chetwynd had consented to the mortgage over her property. In 1892 Mr. Chetwynd borrowed £1,200 from one Mynors, ... ...
  • Capital Finance Company Ltd v Stokes
    • Court of Appeal (Civil Division)
    • 30 Julio 1968
    ... ... declared that the first defendant had neither a legal nor an equitable charge valid against the property nor a vendor's lien upon it. The ... 75 per cent, of the purchase money to be secured on a First Mortgage of the premises and to carry interest at the rate of 7-½ per cent, per ... ...
  • Swift 1st Ltd v Colin and Others
    • Chancery Division
    • 27 Julio 2011
    ... ... There was a prior mortgage provider which had a restriction on one of the titles. That mortgage ... act as a legal charge of the property, then it would act as an equitable charge. Condition 1 of the same conditions stated as follows: ... ...
  • Skelwith (Leisure) Ltd and Others v Alan Armstrong and Others
    • Chancery Division
    • 08 Octubre 2015
    ... ... By the Charge, Skelwith charged the Club "by way of legal mortgage" to "the Security Agent" as security for its obligations to the "Secured ... He relied on authorities dealing with the rights of equitable mortgagees; on the fact that the LRA 2002 allows a person entitled to ... ...
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996
    ... ... held that they were entitled to invoke against the Council the equitable jurisdiction to award compound interest, on the basis that the Bank was ... an equitable right to redeem a mortgage, equitable easements, restrictive covenants, the right to rectification, ... ...
  • Stack v Dowden
    • House of Lords
    • 25 Abril 2007
    ... ... There are no intervening equitable interests. The presumption that the common owners are entitled to share ... Chatsworth Road was purchased in joint names and payments on the mortgage secured on that property were in effect contributed to by each of them ... ...
  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 Noviembre 2015
    ... ... Equitable origins ... 4 The penalty rule originated in the ... , namely the performance of the obligations in the lease or the mortgage, can be achieved in other ways — normally by late substantive compliance ... ...
  • Abbey National Building Society v Cann
    • House of Lords
    • 29 Marzo 1990
    ... ... Their defence was that they had an equitable interest in the property which took priority over the interest of the ... to dispositions by the registered proprietor by way of charge or mortgage; but no estate, other than a legal estate, shall be capable of being ... ...
  • Meretz Investments NV v ACP Ltd
    • Chancery Division
    • 11 Diciembre 2007
    ... ... 36 Transfer of mortgage 36 ... 68 Mortgagee's equitable duties 68 ... ...
  • Burns v Burns
    • Court of Appeal (Civil Division)
    • 26 Julio 1983
    ... ... his name and he obtained £4,500 out of the total of £4,900 by mortgage. The second child was born on 9th October, 1963. The plaintiff made a ... Nor do they normally agree explicitly what their equitable interests in the family asset shall be if death, divorce or separation ... ...
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