Blackburne J had previously made an order compelling the Defendants to perform undertakings to redeem mortgages over three residential flats which they had given in the course of acting as solicitors for the sellers of those flats. A dispute had subsequently arisen with the sole mortgagee of all three flats as to the amount required to redeem. Ultimately, the Bank’s position was that it was prepared to redeem its charges over the three flats in return for the total sale proceeds of all three of them. The Defendants applied for the trial of an issue as to the sums that they should be required to pay in order to secure the release of the charges, and to join the Bank as a party to the proceedings so as to ensure that it was bound by the outcome of the trial of that issue.
Held: The application was dismissed as misconceived. The Bank was an entirely innocent third party, with no notice or knowledge of the undertakings given by the Defendants who had no cause of action against the bank.
Judges:
Henderson J
Citations:
Unreported, 19 November 2008, [2008] EWHC 3411 (Ch)
Jurisdiction:
England and Wales
Cited by:
Cited – Angel Solicitors v Jenkins O’Dowd and Barth ChD 19-Jan-2009
Actions were brought to enforce undertakings given by solicitors to redeem mortgages on the sale of properties, and as to redemption figures provided by lenders who then refused to release the properties. The solicitors had replied to standard form . .
Cited – Thames Valley Housing Association Ltd and Others v Elegant Homes (Guernsey) Ltd and Others ChD 27-Oct-2009
The claimant sought to enforce against the defendant’s solicitors an undertaking given by them. The claimant contracted to buy property subject to a charge in favour of the third defendant bank securing loans over other property. The bank gave no . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 04 December 2022; Ref: scu.280050
