In order to satisfy the requirements for obtaining statutory relief under the 1970 Act, the mortgagor had to be able to show that he was likely to be able to pay within the reasonable period referred to not only the arrears of instalments but also the principal sum due under the mortgage. Sir John Pennycuick V-C interpreted ‘any sums due under the mortgage’ in sub-section (1) restrictively as the entire mortgage debt.
Sir John Pennycuick V-C
[1973] Ch 307
Administration of Justice Act 1970 36(1)
England and Wales
Land, Litigation Practice
Updated: 06 December 2021; Ref: scu.460847
