BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Employment Tribunal |
||
|
You are here: BAILII >> Databases >> United Kingdom Employment Tribunal >> Ellis v Myrum Meltzer (Charges and charging orders : Subrogation) [2018] UKFTT 53 (PC) (21 December 2017) URL: http://www.bailii.org/uk/cases/UKET/2017/2016_0692.html Cite as: [2018] UKFTT 53 (PC) |
||
[New search] [Printable PDF version] [Help]
Brian Kaye Ellis v Myrum Meltzer (Charges and charging orders : Subrogation) [2018] UKFTT 53 (PC) (21 December 2017)
By oversight, on completion of a sale of a Property the solicitor (Applicant) failed to secure the discharge of one of 2 charges - balance of the completion monies (after redemption of the other mortgage) were paid to HM Revenue & Customs. After Respondent adjudged bankrupt Applicant paid a sum equal to the monies paid to HMRC to the bank to secure the discharge of 2nd charge. Applicant then proved in the bankruptcy as an unsecured creditor and received a dividend of part of his debt. Applicant registered a unilateral notice against Respondent's matrimonial home claiming to be subrogated to the rights of the bank, which held a charge against that property, to secure the balance. Held the unilateral notice be cancelled as the Tribunal was not satisfied that the enrichment Applicant relied upon was unjust and/or that subrogation was an appropriate remedy and because the Applicant had surrendered any claim to security by his proof in the bankruptcy.
A HTML version of this file is not available click here or view below the pdf version : [2017] EWLandRA 2016_0692.pdf
