Overriding interest: unconscionable bargain | Practical Law

Overriding interest: unconscionable bargain | Practical Law

The Court of Appeal has held that a right to have an unconscionable bargain set aside was capable of being an overriding interest and was overreached by the grant of a mortgage by all the trustees of land, so the mortgagee was entitled to possession.

Overriding interest: unconscionable bargain

Practical Law UK Articles 4-631-3842 (Approx. 3 pages)

Overriding interest: unconscionable bargain

by Practical Law Property
Published on 28 Jul 2016United Kingdom
The Court of Appeal has held that a right to have an unconscionable bargain set aside was capable of being an overriding interest and was overreached by the grant of a mortgage by all the trustees of land, so the mortgagee was entitled to possession.