Horsham Properties Group Ltd v Clark: possession - mortgagee's right or discretionary remedy?
Greer, Sarah J. (2009) Horsham Properties Group Ltd v Clark: possession - mortgagee's right or discretionary remedy? Conveyancer and Property Lawyer, 6. pp. 516-524. ISSN 0010-8200Full text not available from this repository.
Comments on the Chancery Division decision in Horsham Properties Group Ltd v Clark on whether a mortgagee's exercise of its contractual right, on the mortgagor falling into arrears, to appoint receivers such that the property could be sold and possession obtained without triggering the court's discretionary powers pursuant to the Administration of Justice Act 1970 s.36 infringed the mortgagor's rights under the European Convention on Human Rights 1950 Protocol 1 art.1. Considers the implications of proposed reforms recasting the mortgagee's right to possession as a discretionary remedy.
[From Legal Journals Index]
|Uncontrolled Keywords:||deprivation of possessions, mortgagees' powers and duties, mortgagors' rights, possession claims, power of sale, repossession,|
|Subjects:||K Law > KD England and Wales|
|School / Department / Research Groups:||School of Humanities & Social Sciences|
School of Humanities & Social Sciences > Department of Law & Criminology
|Last Modified:||28 Feb 2011 16:21|
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