Penn v Bristol and West Building Society and others
Language: English Series: All England Law Reports ; [1997] 3 All ER 470-480(11)Publication details: 1997Subject(s): Summary: CA 16 April 1997. Mr and Mrs P owned a home under a mortgage loan as beneficial tenants. Mr P and a business partner (W) decided to execute a mortage fraud consisting of the purported sale of the house to W. Mrs P was totally ignorant of the action. The defendant solicitor (S) acted on the sale, thinking he was taking instruction from both Mr and Mrs P, and holding himself out as doing so to the solicitor acting for W and the lender (B). B advanced money to W, executing a charge over the house in their favour. Mrs P discovered what had happened and commenced proceedings against B, Mr P, W and S. The court found B`s charge over the house null and void, awarding damages against S. On B`s counterclaim S was ordered to pay B`s costs. Appeal by S dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS57382 (Browse shelf(Opens below)) | 1 | Available | 79917-1001 |
CA 16 April 1997. Mr and Mrs P owned a home under a mortgage loan as beneficial tenants. Mr P and a business partner (W) decided to execute a mortage fraud consisting of the purported sale of the house to W. Mrs P was totally ignorant of the action. The defendant solicitor (S) acted on the sale, thinking he was taking instruction from both Mr and Mrs P, and holding himself out as doing so to the solicitor acting for W and the lender (B). B advanced money to W, executing a charge over the house in their favour. Mrs P discovered what had happened and commenced proceedings against B, Mr P, W and S. The court found B`s charge over the house null and void, awarding damages against S. On B`s counterclaim S was ordered to pay B`s costs. Appeal by S dismissed.