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Claims against bank for alleged title defect and negligence found are unfounded
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Court of Appeal upholds the High Court's decision to dismiss the plaintiffs' case against a bank, which sought damages for alleged negligence and other claims related to a title defect of their property. The plaintiffs, who defaulted on loans secured by a mortgage on their property, contended that the bank's failure to prosecute a professional negligence claim against their solicitor resulted in the plaintiffs' inability to sell the property or discharge their debt. The Court of Appeal found that the plaintiffs' claims, including those under the Civil Liability Act and for unjust enrichment, were inherently bound to fail and that the proceedings appeared to be an attempt to frustrate the Bank's debt collection efforts.
Court of Appeal, High Court, plaintiffs, defendant, Bank, title defect, property, mortgage, professional negligence, Civil Liability Act, unjust enrichment, debt collection, abuse of process, estoppel, concurrent wrongdoers, damages, loan default, possession proceedings, summary proceedings, indemnity, statutory declarations, right of way, negligence claim, duty of care, appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
