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06 September 2024 / Jonathan Bennett , James Davies
Issue: 8084 / Categories: Features , Procedure & practice , Banking
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Banks, lenders & the doctrine of purview

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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

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