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Subrogation

13 November 2015
Issue: 7676 / Categories: Case law , Law digest , In Court
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Bank of Cyprus UK Ltd v Menelaou [2015] UKSC 66, [2015] All ER (D) 38 (Nov)

The Supreme Court dismissed an appeal by the appellant, M, against a finding that the respondent bank had been entitled to claim a charge over the freehold of her property by invoking a right to be subrogated to an unpaid vendor’s lien over the freehold. It held that, among other things, M had been unjustly enriched at the expense of the bank, albeit not because of any fault of hers, and the bank had a valid unjust enrichment claim against M, which was properly reflected in its claim to be subrogated.

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