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Strike out of claim by wife of borrower that mortgage was void

By: Mark Tottenham BL

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High Court grants order striking out claim by wife of borrower against a bank and receiver, on the grounds that she had failed to make out an arguable case that she had an equitable interest in the property the subject matter of the mortgage and that, if she had such an arguable case, it would be defeated by acquiescence and delay.

Claim by wife against husband, husband's lender and receiver of premises - claim for declaration that mortgage was void - application by bank and receiver to strike out action - application to vacate lis pendens - conduct of plaintiff's solicitor and counsel.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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