Mortgage Express v Lambert [2016] EWCA Civ 555 (17 June 2016)

Mortgage Express v Lambert [2016] EWCA Civ 555 (17 June 2016)

Ms Lambert's right to set aside the sale as an unconscionable bargain was a mere equity capable of being an overriding interest, but was overreached by the mortgage granted by two trustees with capital monies paid to both, and her failure to disclose her right when inquiry was made precluded her from asserting it against Mortgage Express.

Citation
[2016] EWCA Civ 555
Parties
Claimant/respondent: Mortgage Express; Defendant/appellant: Laura Lambert
Jurisdiction
England and Wales
Judgment Date
17 June 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Overriding Interests, Overreaching, Unconscionable Bargain, Actual Occupation, Land Registration Act 2002, Law of Property Act 1925
Property Law Equity Land Registration Overriding Interests Overreaching Unconscionable Bargain Actual Occupation Land Registration Act 2002 +1 more

Case Brief

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Parties

Mortgage Express

Claimant/respondent

Laura Lambert

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Ms Lambert's right to set aside the sale as an unconscionable bargain constitutes an overriding interest binding Mortgage Express
  2. 2 Whether Ms Lambert's equitable right was overreached by the mortgage
  3. 3 Whether Ms Lambert's failure to disclose her right precludes her from asserting it against Mortgage Express

Ratio Decidendi

Ms Lambert's right to set aside the sale as an unconscionable bargain was a mere equity capable of being an overriding interest, but was overreached by the mortgage granted by two trustees with capital monies paid to both, and her failure to disclose her right when inquiry was made precluded her from asserting it against Mortgage Express.

Court Disposition

Appeal dismissed

Orders

  • Ms Lambert's appeal dismissed
  • Possession order in favour of Mortgage Express upheld