Lloyds Bank plc v Hawkins
Lloyds Bank plc v Hawkins
- 1998
- Estates Gazette [1998] 47 EG 137-139(3) .
CA 12 August 1998. Hawkins (H) executed an all moneys charge of his freehold property in 1982 in favour of Lloyds Bank (L). In 1987 H executed a guarantee also in favour of L in respect of a company, Graficas Ltd (G). H and G got into financial difficulty, and in 1995 L demanded payment from H in respect of sums advanced to him and a sum due under the guarantee by reason of G`s default. Proceedings were commenced in the county court and L obtained judgement for possession of the freehold property and a money judgement for the `amount outstanding under the mortgage`. The property was sold and the judgement satisfied. L then issued High Court proccedings against L claiming the sum due under the guarantee as an unsecured liability. It was held that L`s cause of action had merged with the earlier county court judgement and there was estoppel "per rem judicatam". An appeal by L was dismissed.
ARNOLD V NATIONAL WESTMINSTER BANK PLC
ESTOPPEL PER REM JUDICATAM
ESTOPPEL
GUARANTEE
HENDERSON V HENDERSON
LEGAL CHARGE
POSSESSION
SECURED LOANS
THODAY V THODAY
UNSECURED LIABILITY
CA 12 August 1998. Hawkins (H) executed an all moneys charge of his freehold property in 1982 in favour of Lloyds Bank (L). In 1987 H executed a guarantee also in favour of L in respect of a company, Graficas Ltd (G). H and G got into financial difficulty, and in 1995 L demanded payment from H in respect of sums advanced to him and a sum due under the guarantee by reason of G`s default. Proceedings were commenced in the county court and L obtained judgement for possession of the freehold property and a money judgement for the `amount outstanding under the mortgage`. The property was sold and the judgement satisfied. L then issued High Court proccedings against L claiming the sum due under the guarantee as an unsecured liability. It was held that L`s cause of action had merged with the earlier county court judgement and there was estoppel "per rem judicatam". An appeal by L was dismissed.
ARNOLD V NATIONAL WESTMINSTER BANK PLC
ESTOPPEL PER REM JUDICATAM
ESTOPPEL
GUARANTEE
HENDERSON V HENDERSON
LEGAL CHARGE
POSSESSION
SECURED LOANS
THODAY V THODAY
UNSECURED LIABILITY