000			01602cab a2200265 4500
001			ABS59221
008			090401t1998 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u88000
041			_aeng
245			_aPortman Building Society v Hamlyn Taylor Neck
260			_c1998
350			_a0
490			_aEstates Gazette _v[1998] 31 EG 102-105(4)
520			_aCA 22 April 1998. P loaned £93,000 to B upon security of a property, subject to a strict condition that the property would be used solely for B`s private occupation. Having discoverd B was using the property as a guest house, P recovered possession and sold the property at a loss. The defendant solictors (H) had acted for B and had completed a standard form of report on title confirming that P`s conditions of advance had been complied with. H did not tell P that the purchase had been apportioned between the property and goodwill of the business. P sought to recover its losses from H. The Vice-Chancellor struck out the claim and P appealed. "Held" a restitutionary remedy requires that a person has been unjustly enriched at the expense of the plaintiff. H had not been enriched by receipt of the advance. H was liable to account for the money but there was nothing due to P if an account was taken. Appeal dismissed.
650			_aBUSINESS USE
650			_aCONDITIONS
650			_aMORTGAGE ADVANCES
650			_aNON-COMPLIANCE
650			_aRESIDENTIAL USE
650			_aRESTITUTION
650			_aSOLICITORS
690			_aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942			_n0
948			_c14/08/1998
999			_c55558 _d55558