Royal Bank of Scotland Plc v Luwum (Rev 1) [2008] EWCA Civ 648 (15 May 2008)

Royal Bank of Scotland Plc v Luwum (Rev 1) [2008] EWCA Civ 648 (15 May 2008)

The bank was estopped from issuing possession proceedings during the three-month period promised to Mr Luwum, as he relied on the bank's representation and changed his position by making payments. The proceedings were issued prematurely and should have been dismissed.

Source-derived case information.

Citation
[2008] EWCA Civ 648
Parties
Respondent/claimant: Royal Bank of Scotland PLC; Appellant/defendant: David Luwum
Jurisdiction
England and Wales
Judgment Date
15 May 2008
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Mortgage Possession, Estoppel, Contractual Representations, Banking Practice
Property Law Contract Law Banking Law Mortgage Possession Estoppel Contractual Representations Banking Practice

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Parties

Royal Bank of Scotland PLC

Respondent/claimant

David Luwum

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the bank was estopped from enforcing its right to possession during the agreed three-month period
  2. 2 Whether a binding agreement or representation was made by the bank to the appellant
  3. 3 Whether the proceedings for possession were issued prematurely

Ratio Decidendi

The bank was estopped from issuing possession proceedings during the three-month period promised to Mr Luwum, as he relied on the bank's representation and changed his position by making payments. The proceedings were issued prematurely and should have been dismissed.

Court Disposition

Appeal allowed

Orders

  • Judge's possession order set aside
  • Bank's proceedings dismissed