Mortgage Remedies
Mortgage Remedies
- 2000
- Estates Gazette Case Summaries [2000] EGCS 113 (28/10/00) .
"Alliance & Leicester plc v Slayford and another", CA 12 October 2000. Mortgagor falling into arrears and the mortgagee commenced proceedings. Mortgagor's wife successfully defended possession proceedings on the ground of undue influence. The mortgagee successfully sought leave to amend its particulars of claim to seek a monetary judgment in respect of the arrears owed by the mortgagor, who then applied for the amendment to be struck out as an abuse of processs. The judge struck out the amendment and the mortgagee appealed. Appeal allowed.
ALLIANCE AND LEICESTER PLC V SLAYFORD AND ANOTHER
MORTGAGE ARREARS
POSSESSION PROCEEDINGS
"Alliance & Leicester plc v Slayford and another", CA 12 October 2000. Mortgagor falling into arrears and the mortgagee commenced proceedings. Mortgagor's wife successfully defended possession proceedings on the ground of undue influence. The mortgagee successfully sought leave to amend its particulars of claim to seek a monetary judgment in respect of the arrears owed by the mortgagor, who then applied for the amendment to be struck out as an abuse of processs. The judge struck out the amendment and the mortgagee appealed. Appeal allowed.
ALLIANCE AND LEICESTER PLC V SLAYFORD AND ANOTHER
MORTGAGE ARREARS
POSSESSION PROCEEDINGS