James Davies & Jonathan Bennett delve into this intricate & often misunderstood legal principle—as well as its impact on lenders
- The doctrine of purview, a nuanced legal principle in the law of guarantees, plays a critical role in enforcement attempts against debtors, particularly guarantors, under a mortgage.
- This article examines key decisions by the English courts, the doctrine’s limits, and its practical implications for lenders.
- It explores the doctrine’s potential as a line of defence in summary judgment applications and bankruptcy proceedings, and offers strategies for lenders to mitigate risks.
There is a legal principle known as the ‘doctrine of the purview’ in the law of guarantees, and it can have an effect on enforcement attempts against debtors (principally any guarantors) under a mortgage. Therefore, for banks and other lenders, and their advisors, it is a doctrine that they should at least be aware of—and in certain circumstances should consider carefully.
While there are several key decisions by the English courts in which the doctrine has been discussed, and its existence acknowledged, its precise limits,
