Horsham Properties Group v Clark 
This case found that section 101 of the Law of Property Act 1925, giving a mortgagor the right to sell or appoint a receiver to sell land on default of mortgage payments did not infringe upon the European Convention on Human Rights. It is possible for a mortgagor to take peaceable possession, depriving a mortgagor of protection (postponement) under section 36 of the Administration of Justice Act 1970. It is in the public interest of a mortgagee to be able to do this.
Posted in Land Law Revision Notes.
This page was last updated on 29th April 2015