MARC details
| 000 -LEADER |
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| fixed length control field |
03227cad a22003615a 4500 |
| 001 - CONTROL NUMBER |
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| control field |
L146362 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
090112e20081008xxk f v 000 0 eng d |
| 035 ## - SYSTEM CONTROL NUMBER |
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| System control number |
(Sirsi) u146362 |
| 041 0# - LANGUAGE CODE |
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| Language code of text/sound track or separate title |
eng |
| 245 00 - TITLE STATEMENT |
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| Title |
Horsham Properties Group Ltd v Clark & Ors |
| Medium |
[electronic resource] |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. |
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| Date of publication, distribution, etc. |
2008 |
| 520 ## - SUMMARY, ETC. |
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| Summary, etc. |
[2008] EWHC 2327 (Ch), 8 October 2008. The court found that the Law of Property Act 1925 S101 did not impact the rights of mortgagors under the European Convention on Human Rights 1950 by permitting mortgagees to sell properties prior to obtaining a court order for possession. Interpreted as a whole, the Act put into place the private bargain between mortgagor and mortgagee, as opposed to overriding this mechanism. Claimant company (H) claimed possession of a property belonging to defendants (B), who had defaulted on mortgage payments. H appointed a receiver to sell the property at auction and at the point of sale, the property was transferred to H. B was still in immediate possession of the property, with H instigating an instant claim. It fell to the court to determine whether the European Convention on Human Rights had been breached, with B submitting that the Law of Property Act could only be compatible with the Convention if it was construed as requiring a mortgagee to obtain an order for possession or an application requiring sale. Held: judgement for claimant. B had lost the right of redemption to the property and the receiver's power to sell derived purely from the mortgage contract and as such, the issue for determination never actually arose. Regardless, an important legal matter had arisen that deserved to be answered - on the flexibility of the 1925 Act. The court found that the exercise of statutory power of sale under S101 of the Act after default by the mortgagor was not a deprivation of possession under the Convention and neither was the sale of the property. Any deprivation of possession was justifiable in the public exercise and a test of proportionality by the court was deemed inappropriate. The right of the mortgagee to sell a property was historically established as part of the bargain between lenders and borrowers and was deemed as an essential aspect of lenders' ability to issue mortgages at fair rates of interest. |
| 521 ## - TARGET AUDIENCE NOTE |
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| Target audience note |
Advanced |
| 590 ## - LOCAL NOTE (RLIN) |
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| Local note |
KA |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
LAND REGISTRATION ACT 1925 |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
LAW OF PROPERTY ACT 1925 S101 |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
SHAWS (EAL) LTD V PENNYCOOK |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
ROPAIGEALACH V BARCLAYS BANK |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
WILSON V FIRST COUNTY TRUST LTD (NO. 2) |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
WOOD V UNITED KINGDOM |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
HORSHAM PROPERTIES GROUP LTD V CLARK & ORS |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
BARCLAYS BANK PLC V ALCOM |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
ADMINISTRATION OF JUSTICE ACT 1970 |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
BIRMINGHAM CITIZENS PERMANENT BUILDING SOCIETY V CAUNT |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
CONVEYANCING ACT 1881 |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
FOUR-MAIDS LTD V DUDLEY MARSHALL (PROPERTIES) LTD |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
HARROW LBC V QAZI |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
JAMES V UNITED KINGDOM |
| 651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME |
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| Geographic name |
England and Wales |
| Chronological subdivision |
1543- |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) |
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| Topical term or geographic name as entry element |
PROPERTY AND LAND LAW-RESIDENTIAL |
| 856 40 - ELECTRONIC LOCATION AND ACCESS |
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| Uniform Resource Identifier |
<a href="https://www.bailii.org/ew/cases/EWHC/Ch/2008/2327.html">https://www.bailii.org/ew/cases/EWHC/Ch/2008/2327.html</a> |
| Public note |
View the item free of charge online at www.bailii.org... |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
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| Suppress in OPAC |
0 |
