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008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u89914
041 _aeng
245 _aLloyds Bank plc v Hawkins
260 _c1998
350 _a0
490 _aEstates Gazette
_v[1998] 47 EG 137-139(3)
520 _aCA 12 August 1998. Hawkins (H) executed an all moneys charge of his freehold property in 1982 in favour of Lloyds Bank (L). In 1987 H executed a guarantee also in favour of L in respect of a company, Graficas Ltd (G). H and G got into financial difficulty, and in 1995 L demanded payment from H in respect of sums advanced to him and a sum due under the guarantee by reason of G`s default. Proceedings were commenced in the county court and L obtained judgement for possession of the freehold property and a money judgement for the `amount outstanding under the mortgage`. The property was sold and the judgement satisfied. L then issued High Court proccedings against L claiming the sum due under the guarantee as an unsecured liability. It was held that L`s cause of action had merged with the earlier county court judgement and there was estoppel "per rem judicatam". An appeal by L was dismissed.
650 _aARNOLD V NATIONAL WESTMINSTER BANK PLC
650 _aESTOPPEL PER REM JUDICATAM
650 _aESTOPPEL
650 _aGUARANTEE
650 _aHENDERSON V HENDERSON
650 _aLEGAL CHARGE
650 _aPOSSESSION
650 _aSECURED LOANS
650 _aTHODAY V THODAY
650 _aUNSECURED LIABILITY
690 _aLAW-CASE LAW
942 _n0
948 _c25/11/1998
999 _c56929
_d56929