Scotlife Home Loans (No 2) Limited v Melinek and Melinek: CA 16 Dec 1997

The claimant loaned money to the defendants. Mr M was a solicitor who, with his partner, perpetrated a fraud. Mrs M appealed an order for possession saying the claimant was fixed with notice of the fraud by the solicitors acting as its agent.
Held: The loan was completed before the documents were signed, and became mixed with other clients’ money, and was stolen by the solicitors before it was received by the borrowers. At that time they were acting as agent for the claimant. The charge must be set aside.
The Vice-Chancellor (Sir Richard Scott) Lord Justice Otton Lord Justice Aldous
[1997] EWCA Civ 3012
Bailii
England and Wales
Citing:
Leave grantedScotlife Home Loans (No 2) Limited v Melinek and Melinek CA 9-Sep-1997
The second defendant sought leave to appeal against a possession order obtained by the claimant. The loan obtained had been misapplied by the first defendant, her husband. She had been advised in the transaction by his partner in their solicitors’ . .

Cited by:
Full AppealScotlife Home Loans (No 2) Limited v Melinek and Melinek CA 9-Sep-1997
The second defendant sought leave to appeal against a possession order obtained by the claimant. The loan obtained had been misapplied by the first defendant, her husband. She had been advised in the transaction by his partner in their solicitors’ . .

These lists may be incomplete.
Updated: 30 April 2021; Ref: scu.143411