Sarwar v Royal Bank Of Scotland Plc [2001] EWCA Civ 252 (8 February 2001)

Sarwar v Royal Bank Of Scotland Plc [2001] EWCA Civ 252 (8 February 2001)

By October 1991, the applicant was aware and accepted that the bank would retain and rely upon the Bury property charge as security for the increased facility, and the fresh lending arrangements superseded any earlier agreement to release the charge.

Citation
[2001] EWCA Civ 252
Parties
Applicant/claimant: Mohammed Sarwar; Respondent/defendant: Royal Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
08 February 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Judgment
Outcome
Permission to appeal refused
Legal Topics
Enforceability of Legal Charges, Security for Loan Facilities, Variation of Security Arrangements, Section 2 Law of Property (miscellaneous Provisions) Act 1989
Property Law Banking Law Contract Law Enforceability of Legal Charges Security for Loan Facilities Variation of Security Arrangements Section 2 Law of Property (miscellaneous Provisions) Act 1989

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Parties

Mohammed Sarwar

Applicant/claimant

Royal Bank of Scotland PLC

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the bank was entitled to retain and rely upon the charge over the Bury property after the Leeds property charge was executed
  2. 2 Whether fresh lending arrangements in October 1991 altered the security position
  3. 3 Whether section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 required a new written contract for the Bury charge

Ratio Decidendi

By October 1991, the applicant was aware and accepted that the bank would retain and rely upon the Bury property charge as security for the increased facility, and the fresh lending arrangements superseded any earlier agreement to release the charge.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused
  • Legal aid assessment