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First Middlesbrough Trading and Mortgage Co v Cunningham [1973]

Facts

  • A mortgagor fell into arrears

Issue

  • Could possession be postponed under s 36 of the Administration of Justice Act 1970?

Decision

  • Yes

Reasoning

  • Possession could be delayed even where the whole principal sum would not be paid off until the end of the mortgage term
  • This required a ‘reasonable time’, as referenced by s 36, to be interpreted as meaning the remaining mortgage term
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