Bank of Scotland plc v Joseph and others

Mortgage – Priority – Registration – Purchase and onward sale of flat occurring on same day – Purchaser on onward sale financing transaction with mortgage loan from respondent bank secured by charge over the property – That money used by vendor to finance own purchase from developer – Vendor also granting charge to another company – Whether respondent entitled to enforce its security against later purchaser of property from company – Whether registration of unilateral notice protecting respondent’s subrogated interest under unpaid vendor’s lien so as to preserve priority of that interest – Whether notice required to refer to subrogated lien in addition to charge out of which that interest arising – Respondent succeeding in possession claim – Appeal dismissed