header-logo header-logo

06 September 2024 / Jonathan Bennett , James Davies
Issue: 8084 / Categories: Features , Procedure & practice , Banking
printer mail-detail

Banks, lenders & the doctrine of purview

188090
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll