Calvert v Clydesdale Bank Plc & Ors

Calvert v Clydesdale Bank Plc & Ors

The statutory agency of Law of Property Act receivers is not terminated or invalidated by the mental incapacity of the mortgagor; enforcement of the mortgage and sale of the property by receivers was valid, and no actionable loss was established due to the existence of prior secured debts exceeding the sale proceeds.

Parties
Applicant/claimant: Dolores Calvert (Personal Representative of Peter Robert Calvert - Deceased); Respondent/defendant: Clydesdale Bank PLC; Respondent/defendant: Brian Parkinson; Respondent/defendant: David Robert Heap; Respondent/defendant: Walker Singleton (Commercial) Ltd; Respondent/defendant: Walker Singleton (Asset Management) Ltd
Jurisdiction
England and Wales
Judgment Date
27 June 2012
Procedural Posture
Civil Appeal / Renewed Oral Application for Permission to Appeal
Outcome
application for permission to appeal dismissed
Legal Topics
Mortgage Enforcement, Appointment of Receivers, Agency and Incapacity, Sale at Undervalue, Protective Costs Order
Property Law Mental Capacity Law Banking Law Mortgage Enforcement Appointment of Receivers Agency and Incapacity Sale at Undervalue Protective Costs Order

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Dolores Calvert (Personal Representative of Peter Robert Calvert - Deceased)

Applicant/claimant

Clydesdale Bank PLC

Respondent/defendant

Brian Parkinson

Respondent/defendant

David Robert Heap

Respondent/defendant

Walker Singleton (Commercial) Ltd

Respondent/defendant

Walker Singleton (Asset Management) Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether receivers appointed under the Law of Property Act 1925 can validly act when the mortgagor is mentally incapacitated
  2. 2 Whether the sale of mortgaged property at £55,000 constituted a breach of duty due to undervalue
  3. 3 Whether a Mental Health Act receiver was required for enforcement

Ratio Decidendi

The statutory agency of Law of Property Act receivers is not terminated or invalidated by the mental incapacity of the mortgagor; enforcement of the mortgage and sale of the property by receivers was valid, and no actionable loss was established due to the existence of prior secured debts exceeding the sale proceeds.

Court Disposition

application for permission to appeal dismissed

Orders

  • application for permission to appeal dismissed
  • application for protective costs order dismissed