Santander UK v Plc Parker (No 2) [2012] NICh 20 (6 June 2012)

Santander UK v Plc Parker (No 2) [2012] NICh 20 (6 June 2012)

The combination of the words 'Signed, Sealed and Delivered in the presence of' the borrower, the borrower's signature, and the word 'Seal' in brackets immediately thereafter constitutes sufficient indication of intention to execute the document as a deed and is sufficient adoption or recognition of the seal to constitute due execution of a deed; alternatively, the defendant is estopped from denying enforceability.

Citation
[2012] NICh 20
Parties
Plaintiff: Santander UK Plc; Defendant: Anthony Parker
Jurisdiction
Northern Ireland
Judgment Date
06 June 2012
Procedural Posture
Mortgage Enforcement Appeal / Remitted Hearing Following Court of Appeal Intervention
Outcome
appeal dismissed; deed found enforceable
Legal Topics
Execution of Deeds, Sealing Requirements, Estoppel
Property Law Mortgage Law Execution of Deeds Sealing Requirements Estoppel

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Parties

Santander UK Plc

Plaintiff

Anthony Parker

Defendant

Procedural Posture

Mortgage Enforcement Appeal / Remitted Hearing Following Court of Appeal Intervention

Legal Issues

  1. 1 Whether the mortgage document was sufficiently sealed to constitute a deed
  2. 2 Whether the defendant is estopped from denying enforceability of the deed

Ratio Decidendi

The combination of the words 'Signed, Sealed and Delivered in the presence of' the borrower, the borrower's signature, and the word 'Seal' in brackets immediately thereafter constitutes sufficient indication of intention to execute the document as a deed and is sufficient adoption or recognition of the seal to constitute due execution of a deed; alternatively, the defendant is estopped from denying enforceability.

Court Disposition

appeal dismissed; deed found enforceable

Orders

  • The mortgage deed is valid and enforceable as a deed.
  • The defendant is estopped from denying enforceability.