Promontoria (Henrico) Ltd v Melton [2019] EWHC 2243 (Ch) (26 June 2019)
The deed of assignment, construed with reference to Schedule 1 and surrounding circumstances, validly assigned the loan and legal charges to Promontoria under section 136 Law of Property Act 1925; valid notice was given; redacted signatures did not invalidate the assignment; appeal dismissed.
- Citation
- [2019] EWHC 2243 (Ch)
- Parties
- Claimant/respondent: Promontoria (Henrico) Ltd; Defendant/appellant: John Richard Melton
- Jurisdiction
- England and Wales
- Judgment Date
- 26 June 2019
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Legal Assignment of Debt, Section 136 Law of Property Act 1925, Notice of Assignment, Validity of Assignment, Redacted Signatures
Case Brief
Summary, issues, holding and outcome
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Parties
Promontoria (Henrico) Ltd
Claimant/respondent
John Richard Melton
Defendant/appellant
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether there was a valid legal assignment of the loan and legal charges under section 136 Law of Property Act 1925
- 2 Whether notice of assignment was validly given
- 3 Whether redacted signatures invalidate assignment
Ratio Decidendi
The deed of assignment, construed with reference to Schedule 1 and surrounding circumstances, validly assigned the loan and legal charges to Promontoria under section 136 Law of Property Act 1925; valid notice was given; redacted signatures did not invalidate the assignment; appeal dismissed.
Court Disposition
Appeal dismissed
Orders
- Judgment for Promontoria against John Richard Melton stands
- Possession order for properties in Barnsley upheld
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