Bank of Scotland Plc v King & Ors

Bank of Scotland Plc v King & Ors

The transfer (TR1) was delivered as a deed and not as an escrow, based on the conduct of the parties, the use of mortgage monies, and the absence of any express or implied condition. The Claimant is entitled to have its charge registered against the property, and any vendor's lien of the Second and Third Defendants is subordinated to the Claimant's charge.

Parties
Claimant: Bank of Scotland PLC; First Defendant: Aaron Marcellus King; Second Defendant: Samuel Okoronkwo; Third Defendant: Uzo Onyema Okoronkwo
Jurisdiction
England and Wales
Judgment Date
23 November 2007
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for the Claimant
Legal Topics
Transfer of Property, Vendor's Lien, Delivery of Deeds, Escrow, Mortgage Registration, Summary Judgment
Property Law Land Law Equity Transfer of Property Vendor's Lien Delivery of Deeds Escrow Mortgage Registration +1 more

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Parties

Bank of Scotland PLC

Claimant

Aaron Marcellus King

First Defendant

Samuel Okoronkwo

Second Defendant

Uzo Onyema Okoronkwo

Third Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the executed transfer (TR1) was delivered as a deed or in escrow
  2. 2 Whether the Claimant is entitled to have its charge registered against the property
  3. 3 Whether the Second and Third Defendants have a vendor's lien with priority over the Claimant's charge

Ratio Decidendi

The transfer (TR1) was delivered as a deed and not as an escrow, based on the conduct of the parties, the use of mortgage monies, and the absence of any express or implied condition. The Claimant is entitled to have its charge registered against the property, and any vendor's lien of the Second and Third Defendants is subordinated to the Claimant's charge.

Court Disposition

Summary judgment granted for the Claimant

Orders

  • The Claimant is entitled to have its charge registered against the property. Precise form of relief to be determined after hearing the parties.