Cases

Question 1

No equitable mortgage by disposition of title deeds alone

Answer 1

Bank of Kuwait v Sahib

Question 2

No clog or fetter on the equity of redemption

Answer 2

Santley v Wilde

Question 3

Right to redemption must not be illusionary

Answer 3

Fairclough v Swan

Question 4

No unconscionable or oppressive bargains against the equity of redemption

Answer 4

Bookbinding v Marden

Question 5

Mortgagee should obtain no collateral advantages against the equity of redemption

Answer 5

Noakes v Rice

Question 6

Undue influence is complete defence and set aside a mortgage

Answer 6

Barclays v Obrien

Question 7

Surety Rules to protect banks against undue influence

Answer 7

RBS v Etridge

Question 8

Limitation period of 12 years for suing for capital amount

Answer 8

West Bromwich v Wilkinson

Question 9

Mortgagee’s inherent right to possession, before the ink is dry

Answer 9

Four maids v Dudley Marsh

Question 10

S36 AJA Paying arrears, pay any sums due was ‘the entire sum, if the mortgage stipulated such’

Answer 10

Halifax v Clarke

Question 11

AJA, pay off arrears, Within a reasonable period can be the whole term of the mortgage

Answer 11

Cheltenham & Gloucester v Norgan

Question 12

AJA, pay off arrears, likely to be able definition as a realistic prospect of repayment and evidence

Answer 12

First national bank v Syed

Question 13

AJA, self-sale, reasonable period max 6-12 months

Answer 13

National & Provincial v Lloyds

Question 14

AJA, self-sale, Likely to be able as a real prospect and some evidence of sale occurring

Answer 14

Target Homes v Clothier

Question 15

Court’s inherent right to postpone, limited only where AJA fails, but unlikely

Answer 15

Birmingham v Count

Question 16

Sale without first obtaining court order, permitted, but frowned upon can cause difficulty

Answer 16

Ropaigealach v Barclays

Horsham v Clark & Beech.

Question 17

Mortgagee’s conduct on sale: Mortgagee is not a trustee of the power of sale for the mortgagor, nor are their actions tortious but must act in good faith

Answer 17

Silven v RBS

Question 18

Mortgagee’s conduct on sale: can sell when they like, no duty to wait for best price

Answer 18

Cuckmere brick v Mutual finance

Question 19

Mortgagee’s conduct on sale: cannot sell to themselves or an associate. Can be set aside

Answer 19

Corbett v Halifax

Question 20

Mortgagee’s conduct on sale: motivation must be to realise security

Answer 20

Meretz v ACP

Question 21

Power to direct a sale after repossession has occurred by the mortgagor as per s91(1) LPA

Answer 21

Palk v Mortgage services

Question 22

Actual occupation: ‘physical presence’

Answer 22

Hodgson v Marks

Question 23

Actual occupation to be given its ordinary meaning

Answer 23

Thompson v Foy

Question 24

Actual occupation: Manifest intention to return

Answer 24

Hogget v Hoggett

Question 25

Overreaching

Answer 25

Midland bank v Green

Question 26

Actual Occupation: overrides an interest unless overreached, had proper enquiries been done.

Answer 26

Williams & Glynn's v Boland

Question 27

Leases; Certainty of term

Answer 27

Lace v Chantler | Mexfield v Berrisford

Question 28

Leases: Exclusive Possession - No tenancy unless the occupier enjoys exclusive possesion

Answer 28

Street v Mountford

Question 29

Leases: 'At a rent'

Answer 29

Street v Mountford

Question 30

Licence: Licence makes an action lawful, which without it had been unlawful'

Answer 30

Thomas v Sorrell

Question 31

Bare licence, revolution permitting reasonable time

Answer 31

Robson v Hallett

Question 32

Contractual Licence revocable at will of licensor

Answer 32

Wood v Leadbitter

Question 33

Contractual licence: revocation can cause an action in contract

Answer 33

Hurst v picture theatres

Question 34

Exclusive Possession: joint occupancy with shared space is licence only

Answer 34

Appah v Parncliffe

Question 35

Exclusive Possession: landlord having a key is not a determinative factor to fail the test of exclusive possesion

Answer 35

Aslan v Murphy

Question 36

Exclusive Possession: Lack of intention to create legal relations, exclusive possession alone will not be enough

Answer 36

Facchini v Bryson

Question 37

Exclusive Possession: no longer relation: family arrangements

Answer 37

Cobb v Lane

Question 38

Exclusive possession: Lack of intention to create legal relation: act of generiosity

Answer 38

Marcroft v Smith

Question 39

Exclusive Occupation: Service occupancy to allow the better performance of their duties

Answer 39

Norris v Checksfield

Question 40

Exclusive Possession; service occupancy; sold separately to their employment - not to better perform their duties

Answer 40

Facchini v Bryson