Barclays Bank Plc v Boulter and another
Language: English Series: Weekly Law Reports ; [1998]1 WLR 1-11(11)Publication details: 1998Subject(s): Summary: CA 23 April 1997. The bank claimed possession as mortgagee of a property comprising freehold registered land which was jointly owned by the husband and wife. The bank alleged that the defendants had failed to pay sums due under various mortgage accounts and a current account in the husband`s name, and that the property was bound by a legal charge signed by the defendants in the bank`s favour. The wife counterclaimed for a declaration that she had a half share in the property free of legal charge, and in her defence alleged that the bank had procured her signature through her husband, that she had signed the charge in reliance on her husband`s representation to her that it was to secure a single sum from the bank and no explanation given as to the meaning and effect of the charge. Held, appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | X83073 (Browse shelf(Opens below)) | 1 | Available | 83073-1001 |
CA 23 April 1997. The bank claimed possession as mortgagee of a property comprising freehold registered land which was jointly owned by the husband and wife. The bank alleged that the defendants had failed to pay sums due under various mortgage accounts and a current account in the husband`s name, and that the property was bound by a legal charge signed by the defendants in the bank`s favour. The wife counterclaimed for a declaration that she had a half share in the property free of legal charge, and in her defence alleged that the bank had procured her signature through her husband, that she had signed the charge in reliance on her husband`s representation to her that it was to secure a single sum from the bank and no explanation given as to the meaning and effect of the charge. Held, appeal allowed.