|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 21 (Nov)|
|Neutral Citation:|| EWHC 2656 (Ch)|
|Representation||Mark Warwick QC (instructed under the Direct Access Scheme) for the claimant.|
|Timothy Polli (instructed by Dentons UKMEA LLP) for the bank.|
|Judgment Dates:||31 October 2016|
Bank - Subrogation - Unpaid vendor's lien - Sale of claimant's parent's family home - Family home subject to charges in favour of bank - Bank agreeing to release of charges and to purchase by parents of second property ( new property) on basis charge to be granted over new property - New property registered in name of claimant - Claimant contending charge on new property void as invalidly executed - Bank counterclaiming for declaration entitled to be subrogated to unpaid vendor's lien over new property and for order for sale - Court of Appeal, Civil Division, holding bank entitled to be subrogated to equitable charge by way of unpaid vendor's lien over new property - Supreme Court dismissing claimant's appeal - Bank's application for order of sale outstanding - Legal nature of rights to which bank entitled - Applicable legal regime in respect of bank's application for order of sale in respect of new property - Whether such order should be made - , - , - CPR 73.10C.