|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 437 (Jul)|
|Court:||Court of Appeal, Civil Division|
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|
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.