The claimant alleged deceit by his wife, the respondent, in the execution of a charge on the property and sought to be relieved against the enforcement of a charge in favour of the second defendant. He had not signed the charge.
Held: Whilst the bank now acknowleged that it could not enforce the charge against the claimant, however the wife had not had sufficient notice of the claims against her. The bank would be able to recover the loan amount from the first defendant leaving sufficient equity for the claimant to purchase alternate property, and a sale was ordered.
Judges:
William Trower QC J
Citations:
[2010] EWHC 652 (Ch)
Links:
Jurisdiction:
England and Wales
Torts – Other
Updated: 17 August 2022; Ref: scu.408505
