Dunbar Bank plc v Nadeem [1998] 3 All ER 876. On this footing the transaction was not manifestly disadvantageous, or, in my opinion, at all disadvantageous to Mrs Nadeem. Contact | Get in Touch With Us | Dunbar Group Take a look at some weird laws from around the world! I would set aside the Judges order and substitute an order dismissing the counterclaim and giving an order for possession to the Bank. They have lived there since 1982. 11-2, June 2002, Journal of Financial Crime Nbr. Dunbar Bank Plc v Nadeem & Anor - Casemine Dunbar Bank plc v Nadeem; [1998] 3 FCR 629. The transaction was completed on 9th May 1991 when the new lease was granted to Mr and Mrs Nadeem and charged by them to the Bank by an all moneys charge in the Bank's standard form. The Deputy Judge made no order for costs as between the Bank and Mrs Nadeem, but he directed that the Bank should not be entitled as between itself and Mrs Nadeem to. also agree with the analysis by Lord Justice Morritt of what, in reality, constituted the transaction to be set aside in this action for the purposes of deciding what right or advantage the Wife was bound to restore as a condition of setting aside the charge. The Deputy Judge also ordered that in default of such payment by the specified date, there should be an immediate order for possession of the property, such order not to be enforced before 7th April 1997. Featured above SILVER in search results. In 2001 during RBS v. Etridge in the HOL, eight similar appeals were heard where the wife had charged her interest in the family home as security for her husbands debt or the debt of a company through which he carried out business. Subscribers are able to see a list of all the cited cases and legislation of a document. when you come to consider what is the exact relief to which a person is entitled in a case of misrepresentation it seems to me to be this, and nothing more, that he is entitled to have the contract rescinded, and is entitled accordingly to all the incidents and consequences of such rescission. Both parties are dissatisfied with the order and appeal to this Court. (14), and confidence in Tan, the latter had not abused that trust as he had acted with Choos interests in mind (see Dunbar Bank plc v Nadeem, On 7th November 1996 Mr Robert Englehart QC, sitting as a Deputy High Court Judge of the Chancery Division, made an order that upon the Second Defendant Mrs Zubaida Nadeem paying the sum of 142,791.05 on or before 7th February 1997 to the solicitors to the Plaintiff Dunbar Bank Plc ("the Bank") the legal charge dated 9th May 1991 made between the Bank, Mrs Nadeem and her husband Mr Nadeem (who was the First Defendant) should be set aside as between the Bank and Mrs Nadeem, and the Bank's application for possession of the property 152 Pavilion Road, London, The Deputy Judge also ordered that in default of such payment by the specified date. The remedy of rescission is an equitable remedy. The facility letter is dated 28th February 1991. The new lease was to be for a term of 33 years from September 1990. LORD JUSTICE MILLETT: On 7th November 1996 Mr Robert Englehart QC, sitting as a Deputy High Court Judge of the Chancery Division, made an order that upon the Second Defendant Mrs Zubaida Nadeem paying the sum of 142,791.05 on or before 7th February 1997 to the solicitors to the Plaintiff Dunbar Bank Plc ("the Bank") the legal charge dated . Millett LJ In the later passage to which I referred, Bowen LJ added: There ought, as it appears to me, to be a giving back and a taking back on both sides, including the giving back and taking back of the obligations which the contract has created, as well as the giving back and the taking back of the advantages., Thus it is necessary to analyse the transaction to be set aside with some care, a point which was emphasised by Sir Donald Nicholls when Vice-Chancellor in, In a case such as the present there were two relevant transactions.
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