Source: All England Reporter
Publisher Citation: [2001] All ER (D) 314 (Jun)
Court: Court of Appeal, Civil Division
Judge:

Lord Phillips MR, Pill and Chadwick LJJ

Representation Milwyn Jarman QC (instructed by Ford Simey, Cardiff) for the claimant.
  Anthony Tanner (instructed by Clarke Wilmott & Clarke, Bristol) for the defendants.
Judgment Dates: 28 June 2001

Catchwords

Mortgage - Clog on equity of redemption - Option to purchase - Agreement subsequent to mortgage containing stipulation that mortgagor transfer to mortgagee part of mortgaged property - Whether unenforceable as clog on equity of redemption in a mortgage transaction.

The Case

Practice Areas

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