Woolwich plc v Gomm
Series: Property, Planning and Compensation Reports ; [2000] 79 P&CR 61-81(11)Publication details: 2000Subject(s): Summary: CA 27 July 1999. Prior to Mr and Mrs Gomm's divorce in 1985, in 1984 by a separation agreement Mrs Gomm continued to live in the jointly owned former matrimonial home. In 1986 the property was sold and another bought in the sole name of Mrs Gomm with the assistance of a mortgage. Mr Gomm was subsequently convicted of offences of fraud in relation to client monies and was sentenced five years' imprisonment. It was not disputed that if the mortgage was valid and binding upon Mrs Gomm the plaintiff (W) was owed sums which were secured by the mortgage. Mrs Gomm's case was that the mortgage was void on the grounds of undue influence. Mr Gomm stopped paying the mortgage before the situation came to light. The mortgagee sought repossession unless certain payments were made. The claim failed. Appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS61998 (Browse shelf(Opens below)) | 1 | Available | 104411-1001 |
CA 27 July 1999. Prior to Mr and Mrs Gomm's divorce in 1985, in 1984 by a separation agreement Mrs Gomm continued to live in the jointly owned former matrimonial home. In 1986 the property was sold and another bought in the sole name of Mrs Gomm with the assistance of a mortgage. Mr Gomm was subsequently convicted of offences of fraud in relation to client monies and was sentenced five years' imprisonment. It was not disputed that if the mortgage was valid and binding upon Mrs Gomm the plaintiff (W) was owed sums which were secured by the mortgage. Mrs Gomm's case was that the mortgage was void on the grounds of undue influence. Mr Gomm stopped paying the mortgage before the situation came to light. The mortgagee sought repossession unless certain payments were made. The claim failed. Appeal allowed.