Halifax Building Society v Clark [1973]

This case interpreted section 36 of the Administration of Justice Act 1970’s reference to “any sums due” as meaning the whole of the mortgage sum, significantly narrowing its application.

Its interpretation has now been replaced by a contrary interpretation set out in section 8 of the Administration and Justice Act 1973, which interpreted “any sums due” as meaning ‘any sum outstanding at the date of the hearing which the mortgagor would normally be expected to have paid’.

RELATED CASE  Harris v Harris [1995]

Posted in Land Law Revision Notes.

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