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Bankers Trust v Namdar

Language: English Series: New Property Cases ; (1995) NPC 139Publication details: 1995Subject(s): Summary: ChD 18 July 1995. A mortgagee may not subrogate on the basis of an obligation which is only assumed contingently and the doctrin of `partial performance` is used to form the basis of an application under s30 Law of Property Act 1925 on the basis that by mortgaging his property and/or leaving his family, a husband had terminated a collateral purpose overriding the duty to sell a co-owned family home. Not to be photocopied.
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Law report London Journal article X2437 (Browse shelf(Opens below)) 1 Available 24235-1001

ChD 18 July 1995. A mortgagee may not subrogate on the basis of an obligation which is only assumed contingently and the doctrin of `partial performance` is used to form the basis of an application under s30 Law of Property Act 1925 on the basis that by mortgaging his property and/or leaving his family, a husband had terminated a collateral purpose overriding the duty to sell a co-owned family home. Not to be photocopied.