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.
Judges:
The Vice-Chancellor (Sir Richard Scott) Lord Justice Otton Lord Justice Aldous
Citations:
[1997] EWCA Civ 3012
Links:
Jurisdiction:
England and Wales
Citing:
Leave granted – Scotlife 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 Appeal – Scotlife 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’ . .
Lists of cited by and citing cases may be incomplete.
Agency, Legal Professions
Updated: 13 November 2022; Ref: scu.143411