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Horsham Properties Group Ltd v Clark: possession - mortgagee's right or discretionary remedy?

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 0010-8200

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Abstract

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]

Item Type: Article
Uncontrolled Keywords: deprivation of possessions, mortgagees' powers and duties, mortgagors' rights, possession claims, power of sale, repossession,
Subjects: K Law > KD England and Wales
Pre-2014 Departments: School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
Related URLs:
Last Modified: 14 Oct 2016 09:05
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
URI: http://gala.gre.ac.uk/id/eprint/1786

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