Menelaou v Bank of Cyprus UK Ltd [2013] EWCA Civ 814 (04 July 2013)

Menelaou v Bank of Cyprus UK Ltd [2013] EWCA Civ 814 (04 July 2013)

The appellant is entitled to be subrogated to an equitable charge by way of an unpaid vendor's lien over the property, with entitlement to repayment from the net proceeds of sale, but the costs order in favour of the respondent on her main claim is not disturbed as she succeeded on separate issues and was entitled to rectification of the register.

Citation
[2013] EWCA Civ 814
Parties
Respondent/claimant: Melissa Menelaou; Appellant/defendant: Bank of Cyprus UK Limited
Jurisdiction
England and Wales
Judgment Date
04 July 2013
Procedural Posture
Civil Appeal / Post Judgment Consequential Issues on Appeal
Outcome
Appellant entitled to subrogation to an equitable charge; costs order in favour of respondent on main claim not disturbed; repayment of sum on account of costs ordered; permission to appeal to Supreme Court refused.
Legal Topics
Subrogation, Equitable Charge, Vendor's Lien, Rectification of Register, Costs
Property Law Equity Subrogation Equitable Charge Vendor's Lien Rectification of Register Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Melissa Menelaou

Respondent/claimant

Bank of Cyprus UK Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Post Judgment Consequential Issues on Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to be subrogated to an equitable charge by way of an unpaid vendor's lien over the property
  2. 2 Formulation of the declaration reflecting the absence of an order for sale
  3. 3 Appropriate costs orders following the appeal

Ratio Decidendi

The appellant is entitled to be subrogated to an equitable charge by way of an unpaid vendor's lien over the property, with entitlement to repayment from the net proceeds of sale, but the costs order in favour of the respondent on her main claim is not disturbed as she succeeded on separate issues and was entitled to rectification of the register.

Court Disposition

Appellant entitled to subrogation to an equitable charge; costs order in favour of respondent on main claim not disturbed; repayment of sum on account of costs ordered; permission to appeal to Supreme Court refused.

Orders

  • Declaration that appellant is entitled to subrogation to an equitable charge by way of unpaid vendor's lien over the property, with repayment of £875,000 plus interest from net proceeds of sale if sold.
  • Repayment of sum on account of costs to appellant.