Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Injunction placed on sale of property where wife of borrower raises defence of undue influence
|
or click here to request site subscription to search and view all judgments |
High Court grants injunction and prohibits the sale of a property pending the conclusion of court proceedings, on the grounds that the wife of the borrower has put forward a fair question to be tried of undue influence, or non est factum ('it is not the deed'), in respect of her signature to the mortgage.
Undue influence - non est factum - injunction - fair question to be tried - failure by plaintiff to deliver a statement of claim - whether the bank was put on inquiry - constructive knowledge - signature to a mortgage - repossession of property - sale of property - circumstances under which the mortgage was concluded - solicitor's negligence - whether damages are an adequate remedy - whether property is a family home - section 31 Registration of Title Act 1964.
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.
