Bank of Scotland v Grimes [1985] QB 1179

Court: Court of Appeal

Basic Facts : Grimes defaulted on her mortgage, and the Bank of Scotland sought to enforce the debt, relying on the Administration of Justice Acts to guide the court's discretion.

Issue: Application of the Administration of Justice Acts 1970 and 1973 in mortgage default cases.

Held: The court held that equitable principles applied when determining the rights of co-owners where one party had made mortgage payments on behalf of another.

• (Arnold P and Griffiths LJ):

• S.36 AJA 1970: Allows relief only if the entire sum can be paid within a reasonable time.

• S.8 AJA 1973: Provides further relief if the borrower can catch up on arrears and resume payments.