Ropaigealach v Barclays Bank plc
| Ropaigealach v Barclays Bank plc | |
|---|---|
 | |
| Court | Court of Appeal of England and Wales |
| Decided | 18 December 1998 |
| Citation(s) | [2000] QB 263, [1999] 3 WLR 17, [1998] EG 189, (2000) 32 HLR 234, [1998] EWCA Civ 1960, [1999] 4 All ER 235 |
| Court membership | |
| Judge(s) sitting | Henry LJ, Chadwick LJ, Clarke LJ |
| Keywords | |
| Mortgage | |
Ropaigealach v Barclays Bank plc [2000] QB 263 is an English land law case, concerning mortgage.
Facts
The Ropaigealachs did not receive the letter from Barclays, with a final demand for payment, warning the property would be sold, because they were having it renovated and were away. They heard of the sale through a neighbour.
Judgment
Clarke LJ held there would be no declaration that Barclays could not take possession without a court order because the legislation could not be otherwise construed.[1]
| “ | It does however strike me as very curious that morgagors should only have protection in the case where the mortgagee chooses to take legal proceedings and not in the case where he chooses simply to enter the property. | ” |
But he was persuaded it was not possible to infer that Parliament intended to cover such a case.
See also
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- English land law
- English trusts law
- English property law
Notes
- ↑ [2000] QB 263, 283