Equitable Mortgage in UK Law

  • Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
    • House of Lords
    • 26 February 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, ......
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 June 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, ......
  • Investors Compensation Scheme Ltd v West Bromwich Building Society
    • House of Lords
    • 19 June 1997
    ...... on the ground of misrepresentation and undue influence, equitable compensation, damages in lieu of rescission under section 2(2) of the Act ... which the investor claims a reduction in the amount due under the mortgage loan. . . 14 This is not the first time the court has had to ......
  • Stack v Dowden
    • House of Lords
    • 25 April 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 November 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 ......
  • Yaxley v Gotts and another
    • Court of Appeal (Civil Division)
    • 24 June 1999
    ...... volume of case-law on that section, including in particular the equitable doctrine of part performance, which was specifically mentioned in s. ...139 —40) that the old law as to the creation of an equitable mortgage by deposit of deeds had been akin to part performance, and was therefore ......
  • R v Preddy
    • House of Lords
    • 10 July 1996
    ...... your Lordships are both concerned with what are usually called mortgage frauds. The appellants applied to building societies or other lending ... the consequence will have been that the lending institution's equitable interest, such as it was, was extinguished. But the identification of that ......
  • Mary Elizabeth Errington (Widow) v Mary Dougan Errington (Married Woman) and Edith Annie Wood (Spinster)
    • Court of Appeal
    • 19 December 1951
    ...... of the purchase price b eing paid down and the rest left on mortgage repayable with interest by instalments over period. The details were not ... . 29 The equitable title under which a purchaser in possession before completion can rely is ......
  • Abbey National Building Society v Cann
    • House of Lords
    • 29 March 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 ......
  • Williams & Glyn's Bank Ltd v Boland
    • House of Lords
    • 19 June 1980
    ...... a mortgagee who claims possession of the matrimonial home under a mortgage granted by that spouse alone. Although this statement of the issue uses ...This, indisputably, made her an equitable tenant in common to the extent of her contribution. Each house being ......
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