It is open to a later encumbrancer of land who has a right to redeem a prior charge, to come to court and establish that a term in that prior charge relating to the right to redeem is an unconscionable term and if that is established the term will be of no effect for all purposes.
Judges:
Lord Tomlin
Citations:
(1930) 57 Ind App 168
Jurisdiction:
England and Wales
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.
Commonwealth, Land
Updated: 09 November 2022; Ref: scu.304587