Northern Rock Building Society v Archer; Archer v Hickmotts
Northern Rock Building Society v Archer; Archer v Hickmotts
- 2000
- Property and Compensation Reports [1999] 78 P&CR 2, 65-82 .
CA 31 July 1998. Real property. A. mortgaged property to secure advance for brother, R. R named as surety. Building society knew A could not meet repayments. A really acting as surety. True position not apparent on face of documents. Solicitor acting for A not aware of true position though other partners were. R later adjudicated bankrupt. Society sought possession against A. A argued that mortgage secured by undue influence. A also commenced proceedings against solicitors for breach of duty. Whether mortgage void and unenforcable. Whether solicitors had failed to discharge duty to A. Liability for costs of action between A and solicitors. TAKEN FROM JOURNAL HEADNOTE.
MORTGAGES
NORTHERN ROCK BUILDING SOCIETY V ARCHER
ARCHER V HICKMOTTS
BANKRUPTCY
CA 31 July 1998. Real property. A. mortgaged property to secure advance for brother, R. R named as surety. Building society knew A could not meet repayments. A really acting as surety. True position not apparent on face of documents. Solicitor acting for A not aware of true position though other partners were. R later adjudicated bankrupt. Society sought possession against A. A argued that mortgage secured by undue influence. A also commenced proceedings against solicitors for breach of duty. Whether mortgage void and unenforcable. Whether solicitors had failed to discharge duty to A. Liability for costs of action between A and solicitors. TAKEN FROM JOURNAL HEADNOTE.
MORTGAGES
NORTHERN ROCK BUILDING SOCIETY V ARCHER
ARCHER V HICKMOTTS
BANKRUPTCY