AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45

WTLR Issue: October 2013 #133

AIB Group (UK) plc (claimant/appellant and respondent to the cross-appeal)

V

Mark Redler & Co Solicitors (defendant/respondent and appellant on cross-appeal)

Analysis

In 2006, Drs Ravindra and Salma Sondhi applied to the claimant (AIB) for a loan of £3.3m, to be secured against their private home, in order to provide finance for their business. The application stated that the Sondhis’ home was worth £4.5m but was subject to an existing mortgage in favour of Barclays Bank to secure an outstanding loan of £1.5m. AIB agreed to the loan but required security over the Sondhis’ home in the form of first legal charge. AIB instructed the defendant (MRC) to act for it in connection with the remortgage and provided MRC with a facility letter which stipulated the requirement of a first legal charge in the bank’s standard form.

Counsel details

Counsel

Jeremy Cousins QC

(11 Stone Buildings, Lincoln’s Inn, London WC2A 3TG, tel 020 7831 6381, e-mail clerks@11sb.com) and John Brennan (St Philips Chambers, 55 Temple Row, Birmingham B2 5LS, tel 0121 246 7000, e-mail commercial@st-philips.com), instructed by Moran & Co (40 Upper Gungate, Tamworth B79 8AA, tel 01827 54631) for the claimant/appellant.

Graeme McPherson QC and Siân Mirchandani (4 New Square, Lincoln’s Inn, London WC2A 3RJ, tel 020 7822 2000, e-mail barristers@4newsquare.com), instructed by Mills & Reeve LLP (78-84 Colmore Row, Birmingham B3 2AB, tel 0121 454 4000, e-mail info@mills-reeve.com) for the defendant/respondent.

Legislation referenced

Legislation in bold has further reading - click to view.