Getting Round O’Brien

Alliance and Leicester plc v Slayford and another (NLJ 27 October CA)

Where a mortgagee’s claim for possession of a property has been defeated by an equitable defence by the mortgagor’s wife, it is not an abuse of process for the mortgagee to sue the mortgagor on his personal covenant with a view to making him bankrupt with a view to his trustee in bankruptcy applying for an order for sale.