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Bristol and West BS v Henning [1985] 1 WLR 778

By Oxbridge Law TeamUpdated 04/01/2024 06:58

Judgement for the case Bristol and West BS v Henning

  • Defendant 1 bought a house in which he and Defendant 2 lived. He mortgaged the house, with her knowledge and approval, and when he ceased payments the bank, Plaintiff, sued for possession.

  • CA rejected Defendant 2’s claim to an overriding interest under s.70(1)(g) because Defendant 2 had consented or gone along with the decision to give priority to the bank’s charge over the land. Therefore she could not claim her interest to have priority. 

Browne-Wilkinson LJ

  • There was no agreement, express or implied.

  • However since Defendant 2 approved of the mortgage and benefited from it, it was to be imputed that she consented to the bank’s interest taking priority over hers. 

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