National Westminster Bank Ltd v Allen: ChD 1971

The defendants, a husband and wife, were jointly and severally liable on two joint accounts which were overdrawn. The defendants were joint owners of a house property as joint tenants holding on trust for sale. The plaintiff was seeking a charging order nisi. A charging order was made on land owned by husband and wife jointly who were joint tenants and who both jointly owned a debt to the creditor. The defendants, acting together, were perfectly entitled to charge their land and as the plaintiffs were seeking to charge that which the defendants could validly charge, namely, their joint legal interest in the land, it was proper to make a charging order.


Waller J


[1971] 2 QB 718


Administration of Justice Act 1956 35


England and Wales


DistinguishedIrani Finance Ltd v Singh CA 1970
Two brothers had acquired land as joint tenants with the aid of a mortgage. Distinct orders were made against each of them charging their respective interests in the land. The mortgagee assigned the mortgage. The brothers held under a trust for . .

Cited by:

CitedClark and Another v Chief Land Registrar and Another ChD 2-Dec-1992
The defendant had made a mistake resulting in an equitable chargee not being given proper opportunity to object to the registration of a further charge with priority. The chargee sought compensation from the defendant registrar.
Held: The . .
Lists of cited by and citing cases may be incomplete.


Updated: 04 June 2022; Ref: scu.536058