Hypo-Mortgage Services Ltd v Robinson [1997] 2 FLR 71
Judgement for the case Hypo-Mortgage Services Ltd v Robinson
Table Of Contents
Bs held a property on trust for them and their infant,
Plaintiff, and mortgaged out the property and, upon Plaintiff, bank, claiming for possession on grounds that Plaintiff had an overriding interest.
CA denied Bs’ claim, stating that children under 18 couldn’t have “actual occupation” as they are only there as “shadows of their parents”.
Nourse LJ
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Young children cannot consent to the arrangement, and to allow children to “actually occupy” with s.70(1)(g) would be abused as a way of stopping mortgagees from ever repossessing.
Seems to move against the idea of “actual occupation” having a literal, not a legal, meaning.
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