The appellant had charged his property to the claimant, and had then fallen into arrears. The property was sold, and the lender sought the balance outstanding from him. The bank failed to disclose that they had sold the property to an associated company.
Held: The bank’s behaviour was sufficiently bad as to undermine the decision, and a retrial was required. It was not however so bad as to amount to an abuse which would justify a strike out of the claim entirely.
Judges:
Ward LJ, Chadwick LJ, Clarke LJ
Citations:
Times 02-May-2005
Jurisdiction:
England and Wales
Citing:
Cited – Tse Kwong Lam v Wong Chit Sen PC 1983
For a mortgagee in possession selling a property, it does not matter that the time may be unpropitious and that by waiting a higher price could be obtained: he is not bound to postpone in the hope of obtaining a better price. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 29 May 2022; Ref: scu.226018