Menelaou v Bank of Cyprus UK Ltd

Menelaou v Bank of Cyprus UK Ltd

Appellant is entitled to be subrogated to an equitable charge by way of unpaid vendor’s lien over the property, with payment from net proceeds of sale, and costs order in favour of respondent is not disturbed.

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
Outcome
Declaration granted; costs order not varied; repayment of sum on account of costs ordered; permission to appeal refused.
Legal Topics
Subrogation, Equitable Charge, Vendor's Lien, Costs, Rectification of Register
Property Law Equity Subrogation Equitable Charge Vendor's Lien Costs Rectification of Register

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Parties

Melissa Menelaou

Respondent/claimant

Bank of Cyprus UK Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Post Judgment Consequential Issues

Legal Issues

  1. 1 Entitlement to subrogation to an equitable charge
  2. 2 Form of declaration regarding unpaid vendor’s lien
  3. 3 Costs orders following appeal

Ratio Decidendi

Appellant is entitled to be subrogated to an equitable charge by way of unpaid vendor’s lien over the property, with payment from net proceeds of sale, and costs order in favour of respondent is not disturbed.

Court Disposition

Declaration granted; costs order not varied; repayment of sum on account of costs ordered; permission to appeal refused.

Orders

  • Declaration of subrogation to equitable charge over property
  • Repayment of sum on account of costs to appellant