Habib Bank Ltd v Gulabhai Naginbas Tailor: CA 25 May 1982

Appeal against mortgagee possession order.
Held: S 36 relief is in practice to be limited to a restricted range of cases – ‘for, if the mortgagor was already in difficulties with his instalments, the chances of his being able to pay off the whole principal as well in a reasonable time must be considered fairly slim’

Oliver LJ
[1982] EWCA Civ 6, [1982] 3 All ER 561, [1982] 1 WLR 1218
Administration of justice Act 1970 36
England and Wales

Land, Banking

Updated: 22 January 2022; Ref: scu.262673