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Paddington BS v Mendelsohn

[1985] 50 P & CR 244

Case summary last updated at 09/01/2020 20:42 by the Oxbridge Notes in-house law team.

Judgement for the case Paddington BS v Mendelsohn

 D1 and D2 bought a flat in D1’s name, but paid for by both, with P giving a mortgage. At the time of the mortgage and completion, there were no express agreements of beneficial interest/trust, so that intentions would have to be imputed to them: Since the mother knew that the flat couldn’t be purchased without the mortgage, she is taken to have accepted that her interest would concede priority to the bank’s interest. 

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