header-logo header-logo

05 February 2020 / Cecily Crampin , Tricia Hemans
Issue: 7873 / Categories: Features , Property
printer mail-detail

Where are we now?

15325
Mortgage receivership & possession: so few answers, many more questions. Cecily Crampin & Tricia Hemans report
  • Mortgage receivership and possession claims, considering the current state of the law following the decision in Menon v Pask and the practical effect of the decision in terms of the utility of receivership, how far the principles in Menon might extend, and the courts’ approach to receivership questions.

It’s easy to feel that cases involving mortgage receivership require belief in as many as six impossible things before breakfast. The deemed agency makes the receiver the borrower’s apparent servant, and yet his actions are out of the borrower’s control. This wonderland is particularly apparent when a receiver seeks possession from the borrower since it appears as if the borrower is suing himself for possession of a property, which he the borrower, has a right to possess.

Last autumn’s decision of Mr Justice Mann in Menon v Pask [2019] EWHC 2611 (Ch), [2019] All ER (D) 79 (Oct) has answered at least one

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll