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Western Bank v Schindler [1977] Ch 1

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

Judgement for the case Western Bank v Schindler

Table Of Contents

  • Plaintiff borrowed money from Defendant in return for a charge on his house. The money was to be repaid over 10 years in monthly installments.

  • Plaintiff then lapsed on payments and Defendant sued for possession.

  • CA found for Plaintiff, but decided to exercise its ability under s.36 to stay possession for a period.

    • It upheld the judge’s finding that on the peculiar facts, there were two separate agreements: the loan agreement and the mortgage agreement were separate, but that failure to keep up the loan payments led to repossession of the house.

    • The Court held that a “reasonable time” for Defendant to be allowed to repay outstanding payments under s. 36 AJA was applicable even where the mortgagor was not in default. 

Buckley LJ

  • It would be manifestly unfair to give s.36 a literal meaning so that it would give help to a mortgagor in default, but not one who is not in default. 

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