Source: All England Reporter
Publisher Citation: [2011] All ER (D) 29 (Feb)
Neutral Citation: [2011] EWCA Civ 51
Court: Court of Appeal, Civil Division

Maurice-Kay, Thomas and Etherton LJJ

Representation Jonothan Gavagnam and John Bankes-Jones (instructed by Grower Freeman) for the appellant.
  Paul Clarke (instructed by Rippon, Patel and French) for the respondents.
Judgment Dates: 18 January 2011


Possession - Mortgaged property - Action by mortgagee for possession - Bank claiming possession of property pursuant to legal mortgage - Appellant contending to occupy property pursuant to tenancy - Judge finding appellant not having tenancy and making possession order in favour of bank - Whether judge erring.

The Case

Possession Mortgaged property. The Court of Appeal, Civil Division, held that in proceedings concerning a mortgage possession action, the judge had been correct in holding that the appellant had not been granted a tenancy and in making a possession order in favour of the bank.

Practice Areas

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