Bank Notes

C - Chattels etc left on premises

1/5/20

BORWICK DEVELOPMENT SOLUTIONS LTD v CLEAR WATER FISHERIES LTD [2020] EWCA Civ 578

A mortgage of land including fishing lakes which did not expressly create any charge on the fish in the lakes cannot have included any rights in respect of the fish in the lakes [52]. The fish were to be regarded as wild animals and any rights to them depended on ownership and control of the land [55]. Following a sale of the land by receivers appointed under the mortgage, the purchaser therefore became entitled to the fish, not the mortgagor. The mortgagor could have removed the fish before the sale, but his rights to do so came to one end on transfer of the land [59].

29/9/14

CAMPBELL v REDSTONE MORTGAGES LTD [2014] EWHC 3081 (Ch)

A mortgagee in possession was an involuntary bailee of chattels left by the mortgagor but the mortgagee had acted reasonably in removing the chattels and disposing of them. The mortgagor had been given notice of the mortgagee's intention to remove the goods, but had chosen not to collect them.

20/3/14

DA ROCHA-AFODU v MORTGAGE EXPRESS LTD [2014] EWCA Civ 454

A mortgage condition allowed a mortgagee in possession to dispose of chattels left on the premises after seven days. The mortgagee had discharged its duty as an involuntary bailee by disposing of the mortgagor’s chattels in line with that condition. Although the mortgage also gave the mortgagee power to remove and store chattels, the mortgagee had not been obliged to do that before disposing of the items.