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UNCONSCIONABLE BARGAINS, OVERREACHING AND OVERRIDING INTERESTS

Published online by Cambridge University Press:  25 November 2016

Andreas Televantos
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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
Information
The Cambridge Law Journal , Volume 75 , Issue 3 , November 2016 , pp. 458 - 462
Copyright
Copyright © Cambridge Law Journal and Contributors 2016 

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