Source: All England Reporter
Publisher Citation: [2002] All ER (D) 71 (Sep)
Neutral Citation: [2002] EWHC 1886 (Ch)
Court: Chancery Division

David Kitchin QC sitting as a Deputy Judge of the High Court

Representation The first claimant appeared in person for both claimants.
  Derrick Pears (instructed by Talfourds, Hornchurch) for the defendants.
Judgment Dates: 13 September 2002


Sale of land - Sale as result of order for possession - Vacant possession - Goods remaining in property - Obligation on party taking possession to act reasonably as regards goods remaining in property - Owner of goods bringing action against party taking possession - Action alleging unlawful seizure of goods remaining in property - Whether action suitable for summary judgment.

The Case

Where claimants had been in breach of their obligation to give vacant possession of a property under a warrant for possession in the defendants' favour, there remained an obligation on the defendants to do what was right and reasonable with regards to any goods left at the premises.

Practice Areas

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