Source: All England Reporter
Publisher Citation: [2014] All ER (D) 57 (Sep)
Neutral Citation: [2014] UKPC 28
Court: Privy Council

Lady Hale, Lord Clarke, Lord Wilson, Lord Carnwath and Lord Hughes

Representation Sandra Minott-Phillips QC, Maurice Manning and Tavia Dunn (instructed by Myers, Fletcher & Gordon) for the appellant.
  Peter Knox QC and Dr Lloyd Barnett (instructed by MA Law (Solicitors) LLP) for the respondent.
Judgment Dates: 3 September 2014


Mortgage - Priority of mortgagees - Mortgages of land - Mortgagor having bank loans secured by mortgages over land - Banks failing and mortgages being assigned to appellant - Mortgagor entering into prepayment sale contracts - Mortgagor defaulting on payment and appellant demanding payment - Mortgagor purporting to lodge charges in favour of respondent over splinter titles - Appellant concluding sale agreement but Registrar refusing to register transfer - Court of Appeal of Jamaica declaring respondent's charge ranking in priority to appellant's charge - Appellant appealing - Whether respondent's charge ranking in priority to appellant's charge - Real Estate (Dealers & Developers) Act 1987, ss 26(1)(b), 26(2), 31(5), 44.

The Case

Mortgage Priority of mortgagees. The appeal concerned the true construction of ss26(1)(b) and 31(5) of the Real Estate (Dealers & Developers) Act 1987 in Jamaica, which concerned the priority of charges over land. The Privy Council, in allowing the appellant's appeal, held that the expression 'all other mortgages and charges' in s31(5) of the Act meant such charges as might remain to be considered, but not those which s26(1)(b) of the Act required to have been discharged.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.