Williams & Glyn's Bank v Boland
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Williams & Glyn's Bank v Boland [1980] is a House of Lords judgment in English land and trusts law (family co-ownership) on an occupier's potentially overriding interests in a home.
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Williams & Glyn's Bank v Boland | |
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Court | House of Lords |
Full case name | Williams & Glyn's Bank v Boland and Another and Williams & Glyn's Bank v Another |
Decided | 19 June 1980 |
Citation(s) | [1980] UKHL 4 [1981] AC 487 [1980] 2 All ER 408 |
Case history | |
Prior action(s) | [1979] Ch 312; [1979] 2 WLR 550; [1979] 2 All ER 697, CA (The bank's appeal also failed in the Court of Appeal led by Ormrod LJ) Bank succeeded at first instance. Minor issue decided in favour of Bank at Court of Appeal; no s.36 Administration of Justice Act 1970 power to postpone sale hearing would have been appropriate given the high extent of debt. |
Subsequent action(s) | none |
Case opinions | |
Held: Since the Bank made no enquiry of the wife in either case before granting the husband a mortgage, its claim as mortgagee to possession is, on this view of the subsection, defeated by the wife's overriding interest. | |
Decision by | Lord Wilberforce Lord Scarman Lord Roskill |
Concurrence | Viscount Dilhorne Lord Salmon |
Keywords | |
Overriding interest, registered land |
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