Edwards v Lloyds TSB Bank Plc

Steven Woolf (instructed by Ashley Bean & Co) for the Claimant Neil Levy (instructed by CMS Cameron McKenna) for the Defendant Hearing dates : 23 June 2004 ____________________

The reference to section 63 is to that section of the Law of Property Act 1925, whereby every conveyance is effectual to pass whatever estate or interest a conveying party has in the property expressed or intended to be conveyed.

There are observations to a similar effect in the Achampong case. In The Mortgage Corporation v Shaire Neuberger J left it to the parties to try to agree terms between themselves, but he made it clear that, if Mrs Shaire would not agree to something which gave the bank a realistic prospect of recovering at least some of its money, he would simply make an order for sale.