Bristol and West BS v Henning [1985] 1 WLR 778
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 06:58:35 UTC
Defendant 1 bought a house in which he and Defendant 2 lived. He mortgaged the house, with her knowledge and approval, and when he ceased payments the bank, Plaintiff, sued for possession.
CA rejected Defendant 2’s claim to an overriding interest under s.70(1)(g) because Defendant 2 had consented or gone along with the decision to give priority to the bank’s charge over the land. Therefore she could not claim her interest to have priority.
Browne-Wilkinson LJ
There was no agreement, express or implied.
However since Defendant 2 approved of the mortgage and benefited from it, it was to be imputed that she consented to the bank’s interest taking priority over hers.
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