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Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783

By Oxbridge Law TeamUpdated 04/01/2024 07:02

Judgement for the case Kingsnorth Finance Co Ltd v Tizard

Table Of Contents

  • Plaintiff had an equitable interest in a house, which her husband mortgaged to Defendant without telling her.

  • Issue was whether Defendant bought its rights subject to those of Plaintiff.

  • Court held that the bank had constructive notice of Plaintiff’s interest and therefore bought subject to it. 

Judge John Finlay Q.C

  • Defendant ought to have made further checks than they in fact did to establish whether there were other interests in the property.

  • They failed to discharge this duty to make reasonable inquiries and therefore were put on constructive notice of Plaintiff’s interest. 

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