Botham v TSB Bank plc (1996) 73 P and CR D1
This case involved the sale of a repossessed property by a mortgagee - TSB Bank. The bank applied to the High Court to decide if certain everyday articles in the borrower's flat were 'fixtures' and therefore were subject to the bank's mortgage, so it could sell them as mortgagee and give good title to a purchaser. The disputed items included fitted carpets, light fittings, gas fires, curtains and blinds, soap dishes and shower heads.
The bank applied to the Court for a declaration that it could give good title. The Court granted a declaration that certain of the above items were fixtures and the bank were therefore entitled to sell these as mortgagee.
The case was appealed by the mortgagor.
The High Court judgement was reversed by the Court of Appeal which re-affirmed that the 'annexation test' is not sufficient by itself to conclude if an item is to be classified as a fixture.
In deciding whether items are `fixtures', two prime factors had to be taken into account :
a) the method and degree of annexation and
b) the object and purpose of the annexation.
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