Cheltenham & Gloucester Building Society v Christina Norgan
Cheltenham & Gloucester Building Society v Christina Norgan
- 1996
- Property and Compensation Reports [1996] 72 P&CR 47-61(8) .
CA 5 December 1995. N obtained a £90,000 mortgage from C`s predecessor. Terms of mortgage were that the principal sum would be repaid at the expiration of a 22 year term. N had difficulty meeting the monthly interest installments and arrears in excess of £14,000 accrued. A possession order was suspended twice to enable N to refinance the mortgage. In 1993, C applied again to issue the warrant. N`s appeal to County Court dismissed. On appeal to CA< N argued that the `reasonable period` for the purposes of the Administration of Justice Act 1970 s36 should be the term of the mortgage. "Held" logic of the legislation required the Court to take as it`s starting point the full term of the mortgage. Appeal allowed.
ADMINISTRAITON OF JUSTICE ACT 1970 S36
ADMINISTRAITON OF JUSTICE ACT 1970
CHELTENHAM & GLOUCESTER BUILDING SOCIETY V CHRISTINA NORGAN
MORTGAGE ARREARS
MORTGAGES
POSSESSION ORDER
REASONABLE PERIOD
CA 5 December 1995. N obtained a £90,000 mortgage from C`s predecessor. Terms of mortgage were that the principal sum would be repaid at the expiration of a 22 year term. N had difficulty meeting the monthly interest installments and arrears in excess of £14,000 accrued. A possession order was suspended twice to enable N to refinance the mortgage. In 1993, C applied again to issue the warrant. N`s appeal to County Court dismissed. On appeal to CA< N argued that the `reasonable period` for the purposes of the Administration of Justice Act 1970 s36 should be the term of the mortgage. "Held" logic of the legislation required the Court to take as it`s starting point the full term of the mortgage. Appeal allowed.
ADMINISTRAITON OF JUSTICE ACT 1970 S36
ADMINISTRAITON OF JUSTICE ACT 1970
CHELTENHAM & GLOUCESTER BUILDING SOCIETY V CHRISTINA NORGAN
MORTGAGE ARREARS
MORTGAGES
POSSESSION ORDER
REASONABLE PERIOD