| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 174 (May) |
| Neutral Citation: | [2004] EWCA Civ 568 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Clarke, Dyson and Wall LJJ |
| Representation | Geraint Jones QC and Philip Rainey (instructed by Glovers) for the claimant. |
| Katherine Olley (instructed by Shah) for the defendant. | |
| Judgment Dates: | 13 May 2004 |
Catchwords
Mortgage - Action for possession - Possession order - Grant of order - Sub-charge of property.
The Case
In the instant case, the mortgagee had had a right of possession under a facility letter and a charge agreed with the mortgagee. The mere existence of a sub-charge had not divested the mortgagee of such a right.
Practice Areas
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