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

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

Catchwords

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 - .

The Case

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.