Yorkshire Bank Finance Ltd v Mulhall (Record no. 109136)

MARC details
000 -LEADER
fixed length control field 02167cad a22003615a 4500
001 - CONTROL NUMBER
control field L146361
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090112e20081024xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u146361
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Yorkshire Bank Finance Ltd v Mulhall
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWCA Civ 1156, 24 October 2008. Limitation Act 1980 S20(1) did not apply to the enforcement of charging orders. Appellant (M) appealed the charging order obtained against her by respondent bank (Y). M had guaranteed a loan made by Y to a third party, who subsequently defaulted. 16 years later M sought to have the charging order set aside as Y had taken no steps to enforce it. The issue raised was whether the Limitation Act applied so that the charging order could be set aside as unenforceable. Held: appeal dismissed. Despite the lapse of time since the order was made, the Limitation Act did not apply to its enforcement. Even if Parliament had prescribed a time limit in the Act for the bringing of proceedings by a chargee, there was no reason why the proprietor of the land seeking to take the initiative to clear the title could do so without payment of all that was owed. As a result, there was no basis for discharging the order in this case, as Y still enjoyed all the rights of a secured creditor.
521 ## - TARGET AUDIENCE NOTE
Target audience note Advanced
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIMITATION ACT 1980
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LOWSLEY V FORBES
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element YORKSHIRE BANK FINANCE LTD V MULHALL
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ADMINISTRATION OF JUSTICE ACT 1956
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CHARGING ORDERS ACT 1979
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DESNOUSSE V NEWHAM LONDON BOROUGH COUNCIL
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NATIONAL WESTMINSTER BANK V ASHE
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element POOLE CORPORATION V MOODY
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EDMUNDS V WAUGH
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EZEKIEL V ORAKPO
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element GOTHAM V DOODES
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOLMES V COWCHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUGHES V KELLY
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S195
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-RESIDENTIAL
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2008/1156.html">https://www.bailii.org/ew/cases/EWCA/Civ/2008/1156.html</a>
Public note View the item free of charge online at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 12/01/2009   ONLINE PUBLICATION 146361-1001 06/08/2019 1 06/08/2019 Book