Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
What does the recent case of Bank of Scotland Plc v Waugh  EWHC 2117 (Ch) tell us about the court's approach to incorrectly executed legal charges?
Bank of Scotland plc provided a number of banking facilities to the Nelson Trust. This particular case concerned a charge granted over Asquorn House in August 2003 (the charge) and monies due under a facility letter dated 18 July 2007 (the facility letter) which was addressed to, and signed by the trustees.
The charge was signed by the three trustees but none of the signatures were witnessed as is required by the Law of Property (Miscellaneous Provisions) Act 1989, s 1(3) (LP(MP)A 1989) for execution as a deed by an individual.
The Bank of Scotland appointed a receiver to enforce the charge. The trustees applied to the Land Registry in March 2013 for cancellation of the charge and rectification of the register onthe grounds that the charge had not been properly attested. Their application had been stayed pending the outcome of these proceedings.
In these proceedings, the Bank of Scotland sought:
The trustees contended there should be no summary judgment in relation to the sums due under the facility letter. The trustees put forward various arguments for this, including that the Bank of Scotland had stated in a letter
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
Miranda is a solicitor specialising in leveraged and acquisition finance. She trained at Hogan Lovells International LLP and qualified into the international banking and finance team. During her time at Hogan Lovells she worked on a variety of domestic and cross-border transactions, acting for both borrowers and lenders. She also experienced secondments to Barclays Bank PLC and Kaupthing Bank hf.
0330 161 1234