Pickenham Romford Ltd v Deville

Pickenham Romford Ltd v Deville

Mr Deville has no contractual or equitable subrogation rights in respect of Lloyds' securities over PRL's assets, the BoS PRL Debenture is valid, and BoS's security rights have priority. The unilateral notices registered by Mr Deville were wrongly registered and should be vacated. There is no trust or servicing agreement giving rise to any interest or priority for Mr Deville.

Parties
Claimant: Pickenham Romford Ltd (in administration); Defendant: Alan Charles Deville
Jurisdiction
England and Wales
Judgment Date
31 July 2013
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for claimant
Legal Topics
Priority of Security Interests, Subrogation, Trusts, Summary Judgment, Release of Security, Equitable Charges
Property Law Commercial Law Banking Law Priority of Security Interests Subrogation Trusts Summary Judgment Release of Security +1 more

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Parties

Pickenham Romford Ltd (in administration)

Claimant

Alan Charles Deville

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Validity of BoS PRL Debenture
  2. 2 Priority of BoS security over PRL assets
  3. 3 Existence of subrogation rights for Mr Deville

Ratio Decidendi

Mr Deville has no contractual or equitable subrogation rights in respect of Lloyds' securities over PRL's assets, the BoS PRL Debenture is valid, and BoS's security rights have priority. The unilateral notices registered by Mr Deville were wrongly registered and should be vacated. There is no trust or servicing agreement giving rise to any interest or priority for Mr Deville.

Court Disposition

summary judgment granted for claimant

Orders

  • Declaration that neither Mr Deville nor any party on whose behalf he acts has any interest in the Site or its sale proceeds.
  • Declaration that BoS's security rights have priority over any rights claimed by Mr Deville.