The County court may not suspend a possession order pending an application to the High Court for an order for sale. The court considered the protection given by s15(1) of the 1970 Act, and found the protection to be limited, but nevertheless of considerable value to mortgagors who are in default.
Citations:
Gazette 20-Nov-1996, Times 20-Nov-1996, [1996] EWCA Civ 780, [1997] 1 WLR 1558, (1997) 29 HLR 597
Links:
Statutes:
Law of Property Act 1925 91(2), Administration of Justice Act 1970 15(1)
Jurisdiction:
England and Wales
Cited by:
Cited – Ropaigealach v Barclays Bank plc CA 6-Jan-1999
The applicant’s property was charged to the defendant. At the time it was not occupied. The mortgage fell into arrears, and after serving notice at the property, the bank took posssession and sold the property at auction. The claimants said the bank . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 November 2022; Ref: scu.140647