Subrogation
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Subrogated debt and the mental health moratorium regulations
In Kaye v Lees, Mr Justice Swift considered an application under the Debt Respite Scheme…
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The Supreme Court permits substance to triumph over form in an unjust enrichment claim
Subrogation is an equitable against a party who would otherwise be unjustly enriched. It enables a lender who lends money to a borrower so that it can discharge an existing…
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Day v Tiuta International Ltd and others
Case No: A3/2013/2624IN THE COURT OF APPEAL (CIVIL DIVISION)ON APPEAL FROM THE HIGH COURT, CHANCERY DIVISIONMr Justice Sales [2014] EWHC 4583 (Ch)Royal Courts of JusticeStrand, London, WC2A 2LL.
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Serious Organised Crime Agency v Szepietowski and others
Property – Security – Creditors – First defendant debtor granting charge over property to second defendant bank and claimant – Bank securing debt on two properties – Claimant taking charge…
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Serious Organised Crime Agency v Szepietowski and others
Subrogation – Marshalling
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Anfield (UK) Ltd v Bank of Scotland plc and others
Refinancing agreement – Equitable mortgage – Unjust enrichment – First respondent bank obtaining charge on advancing moneys to discharge mortgage but failing to register it – Appellant obtaining and registering subsequent…
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Anfield (UK) Ltd v Bank of Scotland plc and others
Mortgage, Subrogation
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Mortgage Express (No 2) v Filby
Subrogation — Tracing — Mortgage used to pay off unsecured bank loan — Validity of mortgage impugned — Whether respondent mortgagee subrogated to rights of bank — Appeal dismissed
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Cheltenham & Gloucester plc v Appleyard and another
Refinancing agreement — Lender obtaining equitable mortgage only — Judge granting possession order to lender — Whether lender subrogated to rights of first chargee — Appeal dismissed
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UCB Bank plc v Hedworth
Subrogation — Vendor’s lien — Property purchased with aid of loan subsequently repaid with advance from second lender — Whether second lender entitled by subrogation to benefit of lien to…
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Halifax plc v Omar and another
Mortgage fraud — Unregistered dealings — Mortgagee in dispute with subsequent purchaser — Mortgagee claiming to be subrogated to vendor’s lien — Purchaser resisting on grounds of unjust enrichment –…
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Lloyds TSB Bank plc v Shorney and another
Husband and wife executing mortgage supporting husband’s guarantee of liabilities of company – Mortgage in bank’s standard form – Husband subsequently executing further guarantees without wife’s consent – Bank seeking…