Bank of Scotland Plc v Waugh & Ors (No. 2) [2014] EWHC 2835 (Ch) (21 July 2014)

Bank of Scotland Plc v Waugh & Ors (No. 2) [2014] EWHC 2835 (Ch) (21 July 2014)

The legal charge complied with s.2 Law of Property Act 1989, Mr and Mrs Waugh are obliged to perfect the instrument as a deed, and the court may order execution by a District Judge under s.39 Senior Courts Act 1981 if they refuse.

Citation
[2014] EWHC 2835 (Ch)
Parties
Claimant: Bank of Scotland PLC; Defendant: John Thomas Waugh; Defendant: Kathleen Waugh; Defendant: Timothy Rohan Gray; Defendant: Iain Ernest Williams
Jurisdiction
England and Wales
Judgment Date
21 July 2014
Procedural Posture
Chancery Division Civil Claim / Post Judgment Applications
Outcome
Bank's applications granted; Mr Waugh's application refused.
Legal Topics
Specific Performance, Execution of Deeds, Section 2 Law of Property Act 1989, Section 39 Senior Courts Act 1981, Enforcement of Legal Charges
Property Law Equity Civil Procedure Specific Performance Execution of Deeds Section 2 Law of Property Act 1989 Section 39 Senior Courts Act 1981 Enforcement of Legal Charges

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bank of Scotland PLC

Claimant

John Thomas Waugh

Defendant

Kathleen Waugh

Defendant

Timothy Rohan Gray

Defendant

Iain Ernest Williams

Defendant

Procedural Posture

Chancery Division Civil Claim / Post Judgment Applications

Legal Issues

  1. 1 Whether the facility letter and legal charge comply with s.2 Law of Property Act 1989
  2. 2 Whether the court should reconsider its earlier judgment
  3. 3 Whether specific performance should be ordered to perfect the legal charge as a deed

Ratio Decidendi

The legal charge complied with s.2 Law of Property Act 1989, Mr and Mrs Waugh are obliged to perfect the instrument as a deed, and the court may order execution by a District Judge under s.39 Senior Courts Act 1981 if they refuse.

Court Disposition

Bank's applications granted; Mr Waugh's application refused.

Orders

  • Permission to amend Particulars of Claim to plead obligation to execute charge as a deed.
  • Order for specific performance requiring Mr and Mrs Waugh to execute the charge as a deed.