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West Bromwich Building Society v Mash

DATE: 19 Nov 2007

Cambridge County Court

Solicitor: Nabarro

Opponent: Martin Collier, Fenners Chambers

I acted for the Defendant in successfully resisting an application for summary judgment brought by a mortgage company to recover a shortfall some 13 years after the property was repossessed and sold. The claim totalled almost £150,000; the Defendant is disabled and living on benefits. By raising issues of estoppel, limitation in relation in particular to contractual interest, and the apparent existence of an indemnity upon which the mortgagee may have recovered, the application for summary judgment was defeated and it now seems likely that a settlement will be reached without the matter having to go to trial.