National Westminster v Patel 2004

[EMANEVS]

Hi everyone,

I am desperate for a copy of this case.

Can anyone help?

[EMANEVS]

Re: National Westminster v Patel 2004

NationalWestminster Bank plc v Patel and another[ 2004] All ER (D) 429 (May)

[EMANEVS]

Re: National Westminster v Patel 2004

nationalwestminster bank plc v patel and another[ 2004] all er (d) 429 (may)

can anyone provide a copy of this?

[Amethyst]

Re: National Westminster v Patel 2004

About All Monies clauses?

National Westminster Bank plc v Patel [2004]

In this case HHJ MacDuff QC sitting as a Judge of the High Court held on the particular facts that an all-monies charge taken out in 1988 had in fact been taken as security for an initial loan of 65,000 which had since been repaid and which should therefore have been released. He accordingly ordered delivery up and cancellation of the charge notwithstanding that the borrowers had run up and defaulted on subsequent borrowings which, ordinarily, would have been secured by the charge.

I'll have a dig, there's this one from NI which might be of help

An "all-monies" clause or deed does not mean that the bank can repossess and the courts are powerless at all.

Judgment

In a nutshell, an all-monies mortgage means that any and all borrowings can be treated as if they are secured by the original mortgage charge. Therefore, a unsecured loan or an overdraft with the same lender can be treated as if it is secured and if a loan payment is missed, the lender can enforce the security held in the mortgage, even if no actual mortgage payments have been missed.

[Amethyst]

Re: National Westminster v Patel 2004

Looks like you'll need access to westlaw or lexis to get a copy unless you know a friendly lawyer.

Are there specific bits you need?

[EMANEVS]

Re: National Westminster v Patel 2004

all of it would be great many thanks.

[Kati]

Re: National Westminster v Patel 2004

Looks like you'll need access to westlaw or lexis to get a copy unless you know a friendly lawyer.

:tinysmile_twink_t2: