Source: All England Reporter
Publisher Citation: [2002] All ER (D) 146 (Mar)
Court: Chancery Division
Judge:

Hart J

Representation Pierre Janusz (instructed by Freemans) for the appellants.
  Catherine Gibaud (instructed by Salans Hertzfeld & Heilbronn) for the bank.
Judgment Dates: 11 March 2002

Catchwords

Mortgage - Order for possession of mortgaged property - Suspension of execution of order - Appellants claiming respondent's legal charge limited to main house only - Respondent seeking possession of all property - Whether court having discretion to suspend order for possession to give mortgagor reasonable time to repay sums due - .

The Case

The appellants' appeal against the decision that the respondent bank was entitled to enforce the warrant for possession of the property was dismissed as, on the evidence, the court was not persuaded that it had the jurisdiction to exercise its discretion under s36(2) of the to suspend or stay the warrant, or that it would be appropriate for the court to do so if it had jurisdiction.

Practice Areas

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