| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 437 (Jul) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Henry, Robert Walker LJJ and Sir Anthony Evans |
| Representation | Nigel Davis QC and Paul Teverson (instructed by Rooks Rider) for the claimant. |
| Roger Kaye QC and John McCaughran (instructed by Herbert Smith) for the defendant. | |
| Judgment Dates: | 31 July 2001 |
Catchwords
Mortgage - Equitable mortgage - Equitable interest - Judge granting declaration that office premises owned by defendant were subject to equitable mortgage in favour of claimant - Judge awarding claimant interest on equitable charge - Whether interest might be awarded on equitable charge in absence of contractual right at common law.
The Case
Equitable interest might be awarded when the proceedings were before a court in the exercise of its equitable jurisdiction, even though no contractual right existed at common law.
Practice Areas
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
