Speak to our friendly staff directly  +44 (0)20 7242 2523

A leading set specialising in commercial, construction, insurance and property law

This document is from our archive and no action should be taken in reliance on it without specific legal advice.

Daniel Gatty succeeds in sale and rent-back test cases in Court of Appeal

Daniel Gatty of Hardwicke acted for the successful mortgage lenders in the Court of Appeal, which has dismissed appeals from a High Court decision that rejected the claims of former vendors, now tenants, of properties purchased in sale and rent-back transactions that their interests arising out of promises made by the purchasers have priority over the mortgages that funded the purchases and bind the mortgagees.

Daniel acted for one of the successful mortgage lenders in the High Court test case and for all of them in the Court of Appeal (where he was led by Jonathan Seitler QC). This recent judgment is significant as it is believed that hundreds of cases were stayed awaiting the Court of Appeal's decision.

For more information, read our detailed Case Report.