Hostname: page-component-cd9895bd7-jkksz Total loading time: 0 Render date: 2024-12-26T04:54:06.248Z Has data issue: false hasContentIssue false

UNCONSCIONABLE BARGAINS, OVERREACHING AND OVERRIDING INTERESTS

Published online by Cambridge University Press:  25 November 2016

Get access

Extract

MORTGAGE Express v Lambert [2016] EWCA Civ 555 concerned a sale and leaseback. In desperate circumstances, the naïve and vulnerable A (Ms Lambert) entered into a sale and leaseback arrangement in respect of her flat. She was paid a small proportion of the value of the flat, which was then registered in the joint names of B (the buyers). B mortgaged it without disclosing to C (the mortgagee) the leaseback arrangement to A. The mortgage was registered, but no lease was. Ultimately, B defaulted on the mortgage and C sought to sell the property. The litigation concerned whether A had a right that could bind C. The Court of Appeal held that A did not and allowed the sale to proceed.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2016 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)