Harris v Natwest

Harris v Natwest

The bank was entitled, and perhaps obliged, to withhold payment of surplus proceeds until the dispute between the appellant and the co-administrator was resolved; the appellant failed to establish any actionable claim against the bank.

Parties
Appellant: Harris; Respondent: NatWest
Jurisdiction
England and Wales
Judgment Date
15 January 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Mortgagee's Duties, Distribution of Sale Proceeds, Limitation Period, Deduction of Legal Fees
Banking Law Civil Procedure Mortgagee's Duties Distribution of Sale Proceeds Limitation Period Deduction of Legal Fees

Case Brief

Summary, issues, holding and outcome

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Parties

Harris

Appellant

NatWest

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the bank was liable for delay in distributing surplus sale proceeds
  2. 2 Whether the bank was entitled to deduct legal fees from the proceeds
  3. 3 Whether the claim was statute-barred by limitation

Ratio Decidendi

The bank was entitled, and perhaps obliged, to withhold payment of surplus proceeds until the dispute between the appellant and the co-administrator was resolved; the appellant failed to establish any actionable claim against the bank.

Court Disposition

application for permission to appeal refused