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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Equity - From: 1997 To: 1997

This page lists 10 cases, and was prepared on 16 July 2015.

 
Bank of Credit & Commerce International SA (No 8) [1997] 4 All ER 568
1997
CA

Equity
A security was granted to secure a debt owed by a third party.
1 Cites

1 Citers


 
Barclays Bank Plc -v- Estates and Commercial Limited [1997] 1 WLR 415
1997
CA
Millett LJ
Equity, Land, Contract
Millett LJ discussed the assertion of a vendor's lien where a third party would be adversely affected: "A party with an equitable charge can be taken to agree to the postponement of his property against any party who was allowed to his knowledge to purchase the land on the faith that it is unencumbered." and
"As soon as a binding contract for sale of land is entered into the vendor has a lien on the property for the purchase money and a right to remain in possession of the property until payment is made. The lien does not arise on completion but on exchange of contracts. It is discharged on completion to the extent that the purchase money is paid: In re Birmingham, decd.; Savage v. Stannard [1959] Ch. 523, cited with approval in London and Cheshire Insurance Co. Ltd. v. Laplagrene Property Co. Ltd. [ 1971] Ch. 499 , 514. Even if the vendor executes an outright conveyance of the legal estate in favour of the purchaser and delivers the title deeds to him, he still retains an equitable lien on the property to secure the payment of any part of the purchase money which remains unpaid. The lien is not excluded by the fact that the conveyance contains an express receipt for the purchase money.
The lien arises by operation of law and independently of the agreement between the parties. It does not depend in any way upon the parties' subjective intentions. It is excluded where its retention would be inconsistent with the provisions of the contract for sale or with the true nature of the transaction as disclosed by the documents. It is also excluded where, on completion, the vendor receives all that he bargained for: Capital Finance Co. Ltd. v. Stokes [1969] 1 Ch. 261 and Congresbury Motors Ltd. v. Anglo-Belge Finance Co. Ltd. [1971] Ch. 81. In each of those cases the vendor took a legal charge to secure payment. The unpaid vendor's lien was held to be excluded notwithstanding that the charge later became void for want of registration. In Williams on Vendor and Purchaser , 4th ed. (1936), vol. 2, p. 984, there is a passage which deals with the exclusion of the lien: "The vendor may, however, waive or abandon his lien for the unpaid purchase-money, and his intention to do so may be either expressed or implied from the circumstances of the case."
After dealing with express waiver or abandonment the author continues:
"Where such waiver or abandonment is sought to be implied, the onus lies on those who deny the existence of the lien, which arises by the rule of equity in the absence of stipulation to the contrary; the question is one of the parties' intention, to be determined by the documents they have executed and the circumstances of the case; and the test is, whether they have in effect agreed that the vendor shall have some other security or mode of payment in substitution for his lien."
As the authorities demonstrate the test is an objective one. The question is: what intention is to be attributed to the parties from the transaction into which they have entered? "
1 Cites

1 Citers



 
 In re Bank of Credit and Commerce International SA (No 8); HL 1997 - [1998] AC 214; [1997] 4 All ER 568
 
Grand Metropolitan plc -v- Wm Hill Group Ltd [1997] 1 BCLC 390
1997


Equity
The court considered the standard of evidence required to allow rectification of a document.
1 Citers



 
 Union Eagle Limited -v- Golden Achievement Limited; PC 3-Feb-1997 - Times, 07 February 1997; [1997] UKPC 5; [1997] 2 WLR 341; [1997] AC 514; [1997] 2 All ER 215
 
Stephen Swindle Timothy Millard Fillmore Tony Charles Cox Rosalind Helen Rowett -v- Miles Justin Harrison Mary Agnes Harrison Times, 17 April 1997; [1997] EWCA Civ 1339
25 Mar 1997
CA

Equity, Legal Professions, Undue Influence
Negligence short of fraud gave no right to damages for non-disclosure.
[ Bailii ]
 
Isle Rust -v- John Rust [1997] EWCA Civ 1903
19 Jun 1997
CA

Equity

[ Bailii ]
 
Mellowes Archital Limited -v- Bell Projects Limited [1997] EWCA Civ 2491; [1997] 87 BLR 26
15 Oct 1997
CA
Hobhouse LJ, Buxton LJ
Construction, Equity
The court referred to "the distinction between the common law defence of abatement and the defence of equitable set-off".
1 Citers

[ Bailii ]

 
 Taylor -v- Dickens and Another; ChD 24-Nov-1997 - Times, 24 November 1997; [1998] 1 FLR 806
 
MCC Proceeds Inc (Incorporated Under the Laws of the State of Delaware, USA As Trustee of the Maxwell Macmillan Realization Liquidating Trust) -v- Lehman Brothers International (Europe) Times, 14 January 1998; Gazette, 04 February 1998; [1997] EWCA Civ 3068; [1998] 4 All ER 675; [1998] 2 BCLC 659
19 Dec 1997
CA
Mummery LJ
Equity, Contract
The owner only of an equitable interest in goods may not assert his interest against a bona fide purchaser of the legal title to the goods. International Factors v. Rodriguez was decided per incuriam to the extent that it held that equitable rights conferred a status to sue in conversion, or that the holding was obiter.
Mummery LJ said: "There was no valid reason for Macmillan not joining LB as a defendant to the first action, so that all claims in relation to the title to the Berlitz shares could be decided in the same action and bind all interested parties . . it is an abuse of the process of the court to bring [the action] against LB: the substantial issue raised in it (i.e. the title to the Berlitz shares) has already been decided, on both law and fact, in the first action in circumstances which preclude the parties in this action from attempting to litigate that issue again."
1 Cites

1 Citers

[ Bailii ]
 
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