Susan Elizabeth Bishop v Elizabeth Anne Blake
Susan Elizabeth Bishop v Elizabeth Anne Blake
- 2006
[2006] EWHC 831 (Ch), 12 April 2006. Considers the breaching of a mortgagee's duties when exercising the power of sale by not ensuring that the proper market price for a property was obtained. BI brought an action of damages against BL in relation to BL's dealings with a property that she had sold to BI. In 2002 BL purported to exercise her power of sale as a mortgagee by selling the property to a company. BI sought damages for breach of contract claiming that the sale was a serious undervalue and the wrongful exercise of BL's power of sale as mortgagee. "Held": claim allowed. BL had not taken care to obtain the proper market price for the property at the date of sale.
LAW OF PROPERTY ACT 1925 S103(3)
SILVEN PROPERTIES LTD AND ANOTHER V ROYAL BANK OF SCOTLAND PLC AND OTHERS
IRON TRADES EMPLOYERS' INSURANCE ASSOCIATION V UNION OF LAND AND HOUSE INVESTORS LTD
MENDL V SMITH
BISHOP V BLAKE
England and Wales--1543-
[2006] EWHC 831 (Ch), 12 April 2006. Considers the breaching of a mortgagee's duties when exercising the power of sale by not ensuring that the proper market price for a property was obtained. BI brought an action of damages against BL in relation to BL's dealings with a property that she had sold to BI. In 2002 BL purported to exercise her power of sale as a mortgagee by selling the property to a company. BI sought damages for breach of contract claiming that the sale was a serious undervalue and the wrongful exercise of BL's power of sale as mortgagee. "Held": claim allowed. BL had not taken care to obtain the proper market price for the property at the date of sale.
LAW OF PROPERTY ACT 1925 S103(3)
SILVEN PROPERTIES LTD AND ANOTHER V ROYAL BANK OF SCOTLAND PLC AND OTHERS
IRON TRADES EMPLOYERS' INSURANCE ASSOCIATION V UNION OF LAND AND HOUSE INVESTORS LTD
MENDL V SMITH
BISHOP V BLAKE
England and Wales--1543-