Ropaigealach v Barclays Bank plc (1): CA 11 Dec 1997

Application for leave to appeal on issue of whether ‘by necessary implication, the effect of section 36 of the Administration of Justice Act is that a mortgagee must first obtain the leave of the court before proceeding to enforce its right to possession or its power of sale under the mortgage deed in relation to a dwelling house.’
Held: Leave was granted.
[1997] EWCA Civ 2969
Administration of Justice Act 1973 36
England and Wales
Cited by:
Leave to appealRopaigealach 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 . .

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Updated: 30 April 2021; Ref: scu.163311