||All England Reporter
|| All ER (D) 14 (Mar)
||T C Dutton (instructed by Allen & Overy) for the claimant.
||The defendant appeared in person.
||1 March 2002
Mortgage - Action by mortgagee for possession - Charge - Defendant a Lloyd's Name - Claimant entering into guarantee with Lloyd's - Claimant seeking to enforce charge entered into between claimant and defendant - Whether facts of case supporting 'fraud exception'.
The claimant succeeded in its claim to recover the sum of 36,500 under a legal charge made between the defendant, a blind litigant in person, and the claimant. However the court expressed its unease as to the support and resources available to the defendant.
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