Horsham Properties Group v Clark [2008]

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.

RELATED CASE  London County Council v Allen [1914]

Posted in Land Law Revision Notes.

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