Bristol and West Building Society v Henning [1985] EWCA Civ 6 (02 April 1985)

Bristol and West Building Society v Henning [1985] EWCA Civ 6 (02 April 1985)

Any equitable interest or right Mrs. Henning may have in 'The Villa' is subject to the Society's mortgage charge, as the imputed intention of the parties was that the Society's interest would have priority; thus, Mrs. Henning's claimed rights provide no defence to the Society's claim for possession.

Citation
[1985] EWCA Civ 6
Parties
Claimant: Bristol and West Building Society; Defendant: Mr. Henning; Defendant: Mrs. Henning (Mary Ingram)
Jurisdiction
England and Wales
Judgment Date
02 April 1985
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Priority of Interests, Constructive Trust, Irrevocable Licence, Notice, Land Charges Act 1972
Property Law Mortgage Law Priority of Interests Constructive Trust Irrevocable Licence Notice Land Charges Act 1972

Case Brief

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Parties

Bristol and West Building Society

Claimant

Mr. Henning

Defendant

Mrs. Henning (Mary Ingram)

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Mrs. Henning's claimed equitable interest or irrevocable licence in 'The Villa' is enforceable against the Society and precludes possession
  2. 2 Whether Mrs. Henning's interest takes priority over the Society's mortgage charge

Ratio Decidendi

Any equitable interest or right Mrs. Henning may have in 'The Villa' is subject to the Society's mortgage charge, as the imputed intention of the parties was that the Society's interest would have priority; thus, Mrs. Henning's claimed rights provide no defence to the Society's claim for possession.

Court Disposition

appeal allowed

Orders

  • No order for costs save legal and taxation
  • Application for leave to appeal to the House of Lords refused