Source: All England Reporter
Publisher Citation: [1998] All ER (D) 764
Court: Court of Appeal, Civil Division

Henry, Chadwick and Clarke LJJ

Representation Anthony Scrivener QC and Norman Joss (instructed by Phoenix Walters, Cardiff) for the plaintiff.
  Elizabeth Gloster QC and Michael Sullivan (instructed by Eversheds) for the bank.
Judgment Dates: 18 December 1998


Mortgage - Mortgagee taking possession of mortgaged property and exercising power of sale - Mortgagee not obtaining possession order - Whether mortgagee entitled to take possession and exercise power of sale without first obtaining order of court - .

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