This website uses cookies to ensure you get the best experience on our website. Learn more

United Bank of Kuwait plc v Sahib [1997] Ch 107

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

Judgement for the case United Bank of Kuwait plc v Sahib

Table Of Contents

  • S mortgaged his house to Plaintiff with the necessary deed, registration etc., and sought a declaration that it had priority over Defendant who had agreed a mortgage informally, without writing etc.

  • CA held that Plaintiff’s interest took priority, because s.2 of the LP(MP)A 1989 stated that mortgage contracts had to be written down to be valid. In the absence of a written contract, Defendant’s mortgage is invalid and there was no basis on which any estoppel or constructive trust could operate to defeat or take priority over the plaintiff's charging order. 

Peter Gibson LJ

  • Proprietary estoppel might apply between S and Defendant, but cannot be used between Defendant and Plaintiff. 

Any comments or edits about this case? Get in touch

For Further Study on United Bank of Kuwait plc v Sahib

Land Law Notes
987 total pages
1290 purchased

Land Law notes fully updated for recent exams at Oxford and Cambridg...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started

Related Product Samples

These product samples contain the same concepts we cover in this case.

Land LawRegistration Theory Notes (39 pages)
Claim every advantage to get a first in law
Land Law Notes
987 total pages
1290 purchased

Land Law notes fully updated for recent exams at Oxford and Cambridg...