Mortgage Express v Lambert: Mere Equities and Overreaching

Abstract

The Court of Appeal has considered the interaction between overriding interests and overreaching. To date, such disputes have arisen largely in the context of interests under a trust.1 In this appeal, the heart of the issue was whether mere equities (in this case, the right to set aside an unconscionable bargain) are capable of being overreached. The Court of Appeal held that they are.