| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 177 (Dec) |
| Neutral Citation: | [2001] UKHL 63 |
| Court: | House of Lords |
| Judge: | Lord Irvine of Lairg LC, Lord Hutton, Lord Millett, Lord Scott of Foscote and Lord Rodger of Earlsferry |
| Representation | Nicholas Davidson QC and Howard Smith (instructed by Beveridge Milton) for the appellant. |
| Michael Briggs QC, Jeremy Cousins QC and John Brennan (instructed by Moran & Co) for the respondent. | |
| Judgment Dates: | 13 December 2001 |
Catchwords
Mortgage - Debt - Repayment - Construction of standard form mortgage - Two mortgagors - Whether appellant liable for separate debts of co-mortgagor.
The Case
On its true construction the payment covenant in a standard form mortgage constituted a covenant by the appellant and his co-mortgagor to pay their joint debts to the bank, to pay the co-mortgagor's debts to the bank and to pay the appellant's debts to the bank. Accordingly the appellant was liable to the bank for his co-mortgagor's indebtedness arising out of advances to him which had nothing to do with the appellant.
Practice Areas
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