Source: All England Reporter
Publisher Citation: [2002] All ER (D) 516 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Schiemann, Buxton and Longmore LJJ

Representation Jonathan Brock QC and Paul French (instructed by Bobbetts Mackan, Bristol) for Mr and Mrs Bartlett.
  Malcolm Waters QC and Michael Bowmer (instructed by Osbourne Clark, Bristol) for Bristol & West.
  Andrew Simmonds QC and Patrick Rolfe (instructed by Shoosmiths) for Paragon Finance.
  Timothy Dutton QC and Michael Green (instructed by Turners, Bournemouth) for Mrs Banks.
  Ian Leeming QC and David Gilchrist (instructed by DLA, Manchester) for Halifax.
  Mr Grant appeared in person.
Judgment Dates: 31 July 2002

Catchwords

Mortgage - Remedies of mortgagee - Sale - Mortgagee repossessing and selling security - Mortgagee seeking to recover shortfall - Whether claim to shortfall governed by 12 year limitation period or six year limitation period - ss 8, 20.

The Case

Other than in exceptional cases, claims for a mortgage debt would be governed by s20 of the 1980 Act even if the mortgagee had exercised his power of sale before he issued proceedings.

Practice Areas

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