Landmark Mortgages Ltd v Bamrah & Anor

Landmark Mortgages Ltd v Bamrah & Anor

The trial judge erred in finding that three cheque stubs evidenced payments to Northern Rock not reflected in the account; there was no proper evidential basis for this conclusion. The full debt claimed by Landmark is due, and possession cannot be suspended as Mrs Bamrah cannot pay the sum within a reasonable period.

Parties
Claimant and Appellant: Landmark Mortgages Limited; Defendant and Respondent: Yamin Bamrah (Personal Representative for the Estate of Mavinder Singh Bamrah); Defendant and Respondent: Yasmin Bamrah
Jurisdiction
England and Wales
Judgment Date
04 August 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; judgment varied in favour of Landmark Mortgages Limited.
Legal Topics
Mortgage Possession, Arrears Calculation, Overriding Interest, Judgment Variation
Property Law Civil Procedure Mortgage Possession Arrears Calculation Overriding Interest Judgment Variation

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Landmark Mortgages Limited

Claimant and Appellant

Yamin Bamrah (Personal Representative for the Estate of Mavinder Singh Bamrah)

Defendant and Respondent

Yasmin Bamrah

Defendant and Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in reducing the debt owed to the mortgagee based on disputed cheque stubs
  2. 2 Whether the evidence supported payments not reflected in the mortgage account
  3. 3 Whether possession should be suspended based on ability to pay

Ratio Decidendi

The trial judge erred in finding that three cheque stubs evidenced payments to Northern Rock not reflected in the account; there was no proper evidential basis for this conclusion. The full debt claimed by Landmark is due, and possession cannot be suspended as Mrs Bamrah cannot pay the sum within a reasonable period.

Court Disposition

Appeal allowed; judgment varied in favour of Landmark Mortgages Limited.

Orders

  • Judgment for Landmark Mortgages Limited against Mrs Bamrah (as personal representative) in the sum of £355,457.54.
  • Mrs Bamrah to give vacant possession of the property to Landmark Mortgages Limited.