The Charge
The Charge
The Charge provides that is made between Ms Lawrence as Borrower and “HNW Lending Limited … acting as security agent for the Lender as defined in the Loan Agreement …made inconsideration of the Lender making or continuing advances or otherwise giving credit or affording banking facilities for as long as the Lender may in its absolute discretion think fit to the Borrower.”
The Charge includes a covenant to pay to the Lender all moneys and liabilities owing or due to the Lender (Clause 1) and charges the Property by way of legal mortgage as a continuing security for the payment of all monies, obligation and liabilities to the Lender under or in connection with the Loan Agreement. Clause 9.1 provides that the monies due under the Charge only become payable at any time after the Lender shall have demanded payment after which it shall be lawful for the Lender or any receiver appointed by the Lender to enter upon and take possession of the mortgaged property.
- Heading
- Introduction
- The Procedural Background
- The Facts
- The Loan Agreement
- ENFORCEMENT OF SECURITY
- GENERAL Section 8
- The Charge
- HNW’s Application
- Application to strike out the Defence and Counterclaim
- “Not bound by the Loan Agreement”
- Duress/Undue influence
- Fraudulent/negligent misrepresentations
- Other allegations
- Conclusion on HNW’s strike out/summary judgment application
- Ms Lawrence‘s Application
- Application for security for costs
- Application for disclosure
- Conclusions
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