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Northern Rock Building Society v Archer; Archer v Hickmotts

Series: Property and Compensation Reports ; [1999] 78 P&CR 2, 65-82Publication details: 2000Subject(s): Summary: CA 31 July 1998. Real property. A. mortgaged property to secure advance for brother, R. R named as surety. Building society knew A could not meet repayments. A really acting as surety. True position not apparent on face of documents. Solicitor acting for A not aware of true position though other partners were. R later adjudicated bankrupt. Society sought possession against A. A argued that mortgage secured by undue influence. A also commenced proceedings against solicitors for breach of duty. Whether mortgage void and unenforcable. Whether solicitors had failed to discharge duty to A. Liability for costs of action between A and solicitors. TAKEN FROM JOURNAL HEADNOTE.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article X103567 (Browse shelf(Opens below)) 1 Available 103567-1001

CA 31 July 1998. Real property. A. mortgaged property to secure advance for brother, R. R named as surety. Building society knew A could not meet repayments. A really acting as surety. True position not apparent on face of documents. Solicitor acting for A not aware of true position though other partners were. R later adjudicated bankrupt. Society sought possession against A. A argued that mortgage secured by undue influence. A also commenced proceedings against solicitors for breach of duty. Whether mortgage void and unenforcable. Whether solicitors had failed to discharge duty to A. Liability for costs of action between A and solicitors. TAKEN FROM JOURNAL HEADNOTE.