Nobody downloaded yet

The impact of Horsham Properties Group v Clark & Another - Essay Example

Comments (1) Cite this document
Summary
In 2008, Shelter principal solicitor John Gallagher was quoted by some newspapers to have remarked “It is quite incredible in the 21st century that the law allows the lender to choose whether or not to take possession proceedings and that the borrower then becomes a trespasser in his or her own home.” …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.1% of users find it useful
The impact of Horsham Properties Group v Clark & Another
Read TextPreview

Extract of sample "The impact of Horsham Properties Group v Clark & Another"

Download file to see previous pages Horsham Properties v Clark & Another
The case of Horsham Properties Ltd v Clark & Another EWHC 2327 seeks to settle the issue as to whether s. 101 of the Law of Property Act 1925 violates a mortgagor’s rights over his property. The aforesaid provision grants the mortgagee the power, among others, to sell the mortgaged property in the event the mortgagee falls in arrear in the payment of his loan without prior court order of possession.
In this case, the defendants obtained a loan from GMAC with their property located in Walderslade Road as security. When the defendants failed to pay their obligations, GMAC immediately assigned two receivers to handle the sale of the property subject of the mortgage. The property was subsequently purchased by Coastal Estates Ltd, which also sold the same to Horsham on the same day. Horsham immediately initiated court proceedings to dispossess the defendants of the property subject of the mortgage on the ground that their presence in the property is a trespass considering that the legal right of the property had already been transferred to Horsham by virtue of the sale.
Although the fact that they were in arrears in the payment of their loan was not disputed, the defendants nevertheless, believed that the mortgagee had no right to dispossess them of their property and sell it without first obtaining any court order for the reason that this infringes their rights under the Human Rights Act of 1998 and the European Convention on Human Rights, particularly Article 1 of the First Protocol....
ssess them of their property and sell it without first obtaining any court order for the reason that this infringes their rights under the Human Rights Act of 1998 and the European Convention on Human Rights, particularly Article 1 of the First Protocol (A1FP hereafter). A1FP guarantees peaceful enjoyment of one’s possessions and prohibits their deprivation except in the public interest and with due process as provided by laws. The defendants argued that the relevant provisions of the LPA 1925 must be construed in such a way that they are made compatible with Convention rights and that therefore, the rights of the mortgagee under the LPA, particularly those laid down in s. 101, must be tempered by prior acquisition of corresponding court orders before they can be fully exercise. If this cannot be had, the defendants would like the court to issue a declaration of incompatibility. The Court refuted the defendants’ position and ruled in favor of the claimant. It held, inter alia, that the sale of the property subject of mortgage by the mortgagee in a case where the mortgagor has defaulted does not engage Convention rights under A1FP and ss. 6 and 8 thereof. According to the Court, the right under A1FP is underpinned by “state intervention into private rights through overriding legislation,” which is not the case in the sale of mortgaged property by the mortgagee in the case when payments of the principal loan are in arrears. The sale in this case merely functions to implement the contract between and the expectations of the mortgagor and the mortgagee and does not amount to state intervention. The Court also pointed out that s 101(4) reinforces this implication by providing that the applicability of the provision is subject to a contrary term expressly provided by ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The impact of Horsham Properties Group v Clark & Another Essay”, n.d.)
Retrieved de https://studentshare.org/law/1390435-land-law
(The Impact of Horsham Properties Group V Clark & Another Essay)
https://studentshare.org/law/1390435-land-law.
“The Impact of Horsham Properties Group V Clark & Another Essay”, n.d. https://studentshare.org/law/1390435-land-law.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
ph
phowell added comment 2 months ago
Student rated this paper as
The topic of "The impact of Horsham Properties Group v Clark & Another" is quite often seen among the tasks in high school. Still, this sample opens a fresh perspective of seeing the issue. I’ll use the style for my own text.

CHECK THESE SAMPLES OF The impact of Horsham Properties Group v Clark & Another

Lewis and Clark Expedition

...? Lewis and Clark Expedition Introduction The Lewis and Clark expedition refers to an 1803 exploration commissionedby the U.S. President Jefferson. The expedition was aimed at exploring a piece of land that was bought from France in a deal that was referred to as the Louisiana Purchase. In their expedition, Lewis and Clark came across a number of Native American tribes such as Mandan, and Indians, among other groups. The main aim of the expedition was to explore a water route to the unknown west. Impact of Lewis and Clark expedition on Native Americans According to Huser (2004, 168) the expedition marked the beginning of an end to the tribal Native American Indians. To the native people within the area that was under exploration... opted to...
3 Pages(750 words)Research Paper

Kayte Clark (case)

...?The Kayte Clarke Case A. What law applies federally, under, ERISA VII), the NLRB, and Torts apply in her case? B. As a judge, reach a conclusion regarding what law relates, and the elements she must prove, for a prima facie case in each area in question? C. What awards or damages should she be extended? I Federal Anti-Discrimination Laws Kayte Clarke can invoke any of the following federal laws against her employer: the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). To successfully bring a case of discrimination against her employer under ADEA, there are certain things that Kayte Clarke must prove. In the case of Palasota v...
5 Pages(1250 words)Case Study

The Lewis And Clark Expedition

...on their side and the Spanish might have a tough time in those places. Another thing which was prominent was that the expedition recorded their experiences with all the people they met along the way of their journey. This meant that their journey was now documented and President Jefferson could now make further analysis about the people of that place and the strategies to have a strong hold on that place. Perhaps the most important act was carried out by William Clark who drew a series of maps of their expedition. The maps were extremely detailed which showed the marks and names of the rivers and creeks, critical positions of the landscape, the overall trajectory of the rivers and the positions where the...
5 Pages(1250 words)Term Paper

Attorney General v. Blake and Another

...? Attorney General v. Blake and Another [2000] Affiliation Case Case Attorney General v. Blake and Another [2000] UKHL 45; [2000] 4 All ER 385; [2000] 3 WLR 625 (27th July, 2000) House of Lords: Lord Nicholls of Birkenhead Lord Goff of Chieveley Lord Browne-Wilkinson Lord Steyn Lord Hobhouse of Wood-borough Judges of the Case: The judges of this case were Lord Nicholls, Lord Goff of Chieveley, Lord Browne-Wilkinson and Lord Steyn. These four judges were responsible for managing the exceptional cases and all the issues regarding this case (Glanvill, 1967). Date of the Case: 27 July 2000 2. Central legal issue(s): The current case belonged to the breaching of contract issue held in between two individuals. This English contract law... ...
3 Pages(750 words)Essay

Kayte Clark

...? Kayte Clark This paper aims to discuss the employment case of Kayte Clark and the retirement discrimination that she faced in her organization. Kayte was working in Danskin Inc. and after working for a considerable time period she was suddenly terminated from her job at the age of 53. Data reveals that she had a reputable position in the organization whereas all the employees used to work hard over her orders and requests. Before her termination the clothing industry was establishing a Union in regard to the employees. Thus the union representatives contacted Kayte to allow them to talk to the employees about the work benefits and support that they are offering. According to the US Employment Law different employee unions... the retirement...
5 Pages(1250 words)Case Study

Clark v. McDaniel, 546 N.W. 2d 590

..., which is not the case for the Appellees as illustrated by the adequacy of the money judgment as modified by the Supreme Court. Procedural Consequences: The Supreme Court agreed with the trial court’s decision and affirmed on both appeals. However, insofar as the calculation of damages is concerned, the Supreme Court modified the trial court’s decision, raising the amount of damages by $800, and remanded the district court to enter the corrected judgment. Case Cited: Clark v. McDaniel, 546 N.W. 2d 590 (1996).... Facts: Henry and Fran Clark (“Appellees”) purchased a used car from Danny and Nancy Pierce (“Defendants”), in June 1992 under the impression that they are purchasing a 1989 Ford Taurus station wagon...
4 Pages(1000 words)Essay

Did the case of Horsham kill the case of Boland

...Did the case of Horsham kill the case of Boland? Introduction The purpose of this paper is to examine whether the recent decision in Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening)1 seeks to nullify the position taken by the House of Lords in Williams & Glyns Bank Ltd v Boland2. The case of Boland is concerned with the violation of wife’s unregistered right of possession of her matrimonial home in which her spouse had equal share but had his name alone shown as the registered proprietor of the property in the land register. The husband had...
8 Pages(2000 words)Essay

AWKERMAN v TRI-COUNTY ORTHOPEDIC GROUP, P.C.,

...AWKERMAN v TRI-COUNTY ORTHOPEDIC GROUP, P.C., The Plaintiff Shawn Awkerman, a young boy suffered from numerous bone fractures. He suffered these since he was five years old. In around four-months, the plaintiff sustained five bone fractures. Initially, the diagnosis was Osteogenesis Imperfecta, also called the "brittle bone disease". However, this diagnosis was later overruled as it was later suspected that the cause of his fractures could be child abuse was filed and thus a report detailing the same was filed. The Plaintiff was as a result removed from his mothers custody and briefly placed in a home, and later on was moved to his great aunt and uncle’s home. However, during one of the Plaintiff’s stay...
1 Pages(250 words)Essay

Clark Construction Group

...of communities of practice that can derive and share critical knowledge for making important strategic decisions (Dalkir & Liebowitz, 2011, p.4). Knowledge management (KM) is important for examining the external competitive environment of Clark Construction Group, LLC (CCG). CCG has a century of experiencing in construction, particularly in building landmarks. It has already built a number of important structures such as the Boston Convention and Exhibition Center, Dulles International Airport, and FedEx Field, the home base of the Washington Redskins. Clark Construction is involved in offering consultancy services to commercial, institutional, and heavy construction customers. It can...
2 Pages(500 words)Essay

CASE: Cipollone v. Liggett Group, Inc

...CASE: Cipollone v. Liggett Group, Inc Q1 This case was about Thomas Cipollone, who wanted to sue the cigarette company for the death of his mother. Thomas claims that the Company failed to warn the public about the dangers of smoking and hid necessary medical information about the complications that could occur from excessive smoking (Stevens 1). The defendants, however, argue against this and claim that all the relative information required is provided in the cigarette packet. Q2 (a) As Thomas Cipollone, I would state the fact that the brands attractive advertisement lured the Rose Cipollone to begin smoking. Later on, another advertisement by the brand claiming that they had a...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The impact of Horsham Properties Group v Clark & Another for FREE!

Contact Us