A landowner sought repossession of land from his agricultural tenant for failure to pay his rent. The tenant alleged that a charge was an extortionate credit bargain. The landlord appealed.
Held: The Court must have regard to the evidence and cannot adopt an explanation unsupported by evidence. Nor in the absence of evidence supporting it, can the mortgage explanation in this case be accepted on the ground that it is the least unlikely or illogical of the competing explanations. In the absence of evidence of an explanation giving the document a different effect, the document takes effect at its face value.
Citations:
[2002] EWCA Civ 1138
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – Welsh Development Agency v Export Finance Co Ltd CA 1992
The court was asked whether a transaction relating to goods between an exporter and the defendant, as a financier, associated with sales by the exporter to third-party purchasers, amounted to a true sale by the exporter to the defendant or was . .
Cited by:
Cited – Brighton and Hove City Council v Audus ChD 26-Feb-2009
The claimant was the proprietor of a fourth legal charge on a title. It sought a declaration that a second charge in favour of the defendant was void as a clog on the proprietor’s equity of redemption. An advance secured by a first charge, also in . .
Lists of cited by and citing cases may be incomplete.
Land, Consumer, Agriculture
Updated: 06 June 2022; Ref: scu.175236
