||All England Reporter
|| All ER (D) 174 (May)
|| EWCA Civ 568
||Court of Appeal, Civil Division
Clarke, Dyson and Wall LJJ
||Geraint Jones QC and Philip Rainey (instructed by Glovers) for the claimant.
||Katherine Olley (instructed by Shah) for the defendant.
||13 May 2004
Mortgage - Action for possession - Possession order - Grant of order - Sub-charge of property.
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.
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