About: Cuckmere Brick Co Ltd v Mutual Finance Ltd     Goto   Sponge   NotDistinct   Permalink

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Cuckmere Brick Co v Mutual Finance [1971] EWCA Civ 9 is an English tort law case, establishing the lender must publish/promote the materially beneficial key, intrinsic facts as to land in mortgage repossession sales. As it affects the duty of mortgagees (secured lenders), to that extent it can be considered within the periphery of English land law also. The tripartite panel at appeal established negligence on the part of the lender or its auctioneer agent. A 2-1 majority directed an enquiry as to damages (as opposed to rough award ordered at first instance) to be carried out.

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  • Cuckmere Brick Co Ltd v Mutual Finance Ltd (en)
rdfs:comment
  • Cuckmere Brick Co v Mutual Finance [1971] EWCA Civ 9 is an English tort law case, establishing the lender must publish/promote the materially beneficial key, intrinsic facts as to land in mortgage repossession sales. As it affects the duty of mortgagees (secured lenders), to that extent it can be considered within the periphery of English land law also. The tripartite panel at appeal established negligence on the part of the lender or its auctioneer agent. A 2-1 majority directed an enquiry as to damages (as opposed to rough award ordered at first instance) to be carried out. (en)
name
  • Cuckmere Brick Co v Mutual Finance (en)
foaf:depiction
  • http://commons.wikimedia.org/wiki/Special:FilePath/Bid_hammer.jpg
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sameAs
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citations
  • [1971] 2 All ER 633 (en)
  • [1971] 2 WLR 1207 (en)
  • [1971] Ch 949 (en)
  • [1971] EWCA Civ 9 (en)
court
full name
  • Cuckmere Brick Company Ltd and Leslie Arthur Fawke v Mutual Finance Limited (en)
keywords
  • Mortgage; auction particulars; planning permissions (en)
has abstract
  • Cuckmere Brick Co v Mutual Finance [1971] EWCA Civ 9 is an English tort law case, establishing the lender must publish/promote the materially beneficial key, intrinsic facts as to land in mortgage repossession sales. As it affects the duty of mortgagees (secured lenders), to that extent it can be considered within the periphery of English land law also. The tripartite panel at appeal established negligence on the part of the lender or its auctioneer agent. A 2-1 majority directed an enquiry as to damages (as opposed to rough award ordered at first instance) to be carried out. (en)
appealed from
  • High Court (en)
concurring
  • Cross LJ and Cairns LJ (en)
date decided
decision by
  • Salmon LJ (en)
number of judges
opinions
  • Salmon LJ thought no inquiry as to damages necessary and would have accepted the rough figure awarded by Plowman J. (en)
  • Concurring judgments as to all other elements of Cross and Cairns LJJ (en)
prior actions
  • The appellant lost at first instance (en)
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