i-law

Litigation Letter

Unjust enrichment

Menelaou v Bank of Cyprus UK Ltd SC TLR 7 December

Where a bank allowed mortgage debtors to sell their family home to pay off part of their debts and buy a smaller home for their daughter in her name, on condition that it had a charge over the new home to secure the remaining indebtedness, but the new charge was defectively executed and so void, the bank had an equitable interest in the new property to the value of the purported charge.

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