Bank of Scotland Plc v Waugh & Ors

Bank of Scotland Plc v Waugh & Ors

The Bank is entitled to summary judgment for the sums due under the facility letter as there is no realistically arguable defence. The Trustees are not estopped from relying on the invalid execution of the legal charge, as the lack of attestation is apparent on the face of the document and the circumstances do not permit estoppel. However, the legal charge is effective as an equitable mortgage as it was signed by the parties and contains all agreed terms.

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
Civil / Summary Judgment Application
Outcome
Summary judgment for the claimant in respect of the sums claimed under the facility letter; declaration for the defendants that they are not estopped from relying on the invalid execution of the legal charge; declaration that the legal charge is effective as an equitable mortgage; further directions on perfecting...
Legal Topics
Summary Judgment, Legal Charge, Equitable Mortgage, Estoppel, Execution of Deeds, Facility Letter, Land Registration
Banking Law Property Law Trusts Law Summary Judgment Legal Charge Equitable Mortgage Estoppel Execution of Deeds +2 more

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Parties

Bank of Scotland plc

Claimant

John Thomas Waugh

Defendant

Kathleen Waugh

Defendant

Timothy Rohan Gray

Defendant

Iain Ernest Williams

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Trustees are estopped from denying the validity of the legal charge due to lack of attestation under s 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989
  2. 2 Whether the Bank is entitled to summary judgment for sums due under the facility letter
  3. 3 Whether the legal charge is effective as an equitable mortgage

Ratio Decidendi

The Bank is entitled to summary judgment for the sums due under the facility letter as there is no realistically arguable defence. The Trustees are not estopped from relying on the invalid execution of the legal charge, as the lack of attestation is apparent on the face of the document and the circumstances do not permit estoppel. However, the legal charge is effective as an equitable mortgage as it was signed by the parties and contains all agreed terms.

Court Disposition

Summary judgment for the claimant in respect of the sums claimed under the facility letter; declaration for the defendants that they are not estopped from relying on the invalid execution of the legal charge; declaration that the legal charge is effective as an equitable mortgage; further directions on perfecting...

Orders

  • Summary judgment for Bank of Scotland plc for £1,970,791.66 against Mr and Mrs Waugh under the facility letter.
  • Declaration that Trustees are not estopped from relying on the invalid execution of the legal charge.