Lloyds Bank Ltd. Versus James Bundy: Case Overview
6. Lloyds Bank Ltd v. Bundy (1974)
IN THE SUPREME COURT OF JUDICATURE.
COURT OF APPEAL
Appeal by defendant from judgment of
His Honour Judge McLellan on 6th June, 1973, at Salisbury County Court. Royal Courts of Justice. 30th July 1974
B e f o r e :
THE MASTER OF THE ROLLS (Lord Denning)
LORD JUSTICE CAIRNS and Sir.ERIC SACHS.
____________________
Between:
LLOYDS BANK LIMITED Plaintiff
Respondent
And HERBERT JAMES BUNDY Defendant
Appellant
____________________
(Transcript of the Shorthand Notes of The Association of Official Shorthandwriters, Ltd., Room 392, Royal Courts of Justice, and 2, New Square, Lincoln's Inn, London, W.C. 2.)
____________________
Mr. L. PRICE, Q.C., and Mr. GEORGE SHILLINGFORD
(instructed by Messrs. Oswald Hlckson, Collier & Co., agents for Messrs.
Trethowans of Salisbury) appeared on behalf of the Appellant Defendant.
Mr. J.M. RANKIN, Q.C., and Mr. NEIL BUTTER (instructed by Messrs. Jonas and Parker) appeared on behalf of the Respondent Plaintiff.
____________________
APPEAL BY DEFENDANT FROM HTML VERSION OF JUDGMENT OF
HIS HONOUR JUDGE MCLELLAN
ON 6TH JUNE, 1973, AT SALISBURY COUNTY COURT.
ROYAL COURTS OF JUSTICE.
DATE: TUESDAY, 30TH JULY, 1974
BEFORE
THE MASTER OF THE ROLLS (LORD DENNING)
LORD JUSTICE CAIRNS
AND
SIR.ERIC SACHS.
HTML VERSION OF JUDGMENT
____________________
Crown Copyright ©
THE MASTER OF THE ROLLS: Broadchalke is one of the most pleasing villages in England. Old Herbert Bundy was a farmer there. His home was at Yew Tree Farm. It went back for 300 years. His family had been there for generations. It was his only asset. But he did a very foolish thing. He mortgaged it to the bank. Up to the very hilt. Not to borrow money for himself, but for the sake of his son. Now the bank have come down on him. They have foreclosed. They want to get him out of Yew Tree Farm and to sell it. They have brought this action against him for possession. Going out means ruin for him.
IN THE SUPREME COURT OF JUDICATURE.
COURT OF APPEAL
Appeal by defendant from judgment of
His Honour Judge McLellan on 6th June, 1973, at Salisbury County Court. Royal Courts of Justice. 30th July 1974
B e f o r e :
THE MASTER OF THE ROLLS (Lord Denning)
LORD JUSTICE CAIRNS and Sir.ERIC SACHS.
____________________
Between:
LLOYDS BANK LIMITED Plaintiff
Respondent
And HERBERT JAMES BUNDY Defendant
Appellant
____________________
(Transcript of the Shorthand Notes of The Association of Official Shorthandwriters, Ltd., Room 392, Royal Courts of Justice, and 2, New Square, Lincoln's Inn, London, W.C. 2.)
____________________
Mr. L. PRICE, Q.C., and Mr. GEORGE SHILLINGFORD
(instructed by Messrs. Oswald Hlckson, Collier & Co., agents for Messrs.
Trethowans of Salisbury) appeared on behalf of the Appellant Defendant.
Mr. J.M. RANKIN, Q.C., and Mr. NEIL BUTTER (instructed by Messrs. Jonas and Parker) appeared on behalf of the Respondent Plaintiff.
____________________
APPEAL BY DEFENDANT FROM HTML VERSION OF JUDGMENT OF
HIS HONOUR JUDGE MCLELLAN
ON 6TH JUNE, 1973, AT SALISBURY COUNTY COURT.
ROYAL COURTS OF JUSTICE.
DATE: TUESDAY, 30TH JULY, 1974
BEFORE
THE MASTER OF THE ROLLS (LORD DENNING)
LORD JUSTICE CAIRNS
AND
SIR.ERIC SACHS.
HTML VERSION OF JUDGMENT
____________________
Crown Copyright ©
THE MASTER OF THE ROLLS: Broadchalke is one of the most pleasing villages in England. Old Herbert Bundy was a farmer there. His home was at Yew Tree Farm. It went back for 300 years. His family had been there for generations. It was his only asset. But he did a very foolish thing. He mortgaged it to the bank. Up to the very hilt. Not to borrow money for himself, but for the sake of his son. Now the bank have come down on him. They have foreclosed. They want to get him out of Yew Tree Farm and to sell it. They have brought this action against him for possession. Going out means ruin for him.