Court Court of Appeal | Citation(s) [1996] 1 WLR 343 | |
Cheltenham & Gloucester Building Society v Norgan [1996] 1 WLR 343 is an English land law case, concerning mortgage.
Contents
Map of Cheltenham, UK
Facts
Mrs Norgan borrowed £90,000 repayable each month over 22 years, secured on her farmhouse. When she fell behind, C&G sought possession, and this was stayed on several occasions. As they built up C&G tried again.
Judgment
Waite LJ, 353, ‘the court should take as its starting point the full term of the mortgage and pose at the outset the question: “Would it be possible for the mortgagor to maintain payment-off of the arrears by instalments over that period?”’ The courts would probably need to consider more comprehensive accounts and financial information, but that and accompanying practical difficulties ‘should not however be allowed, in my judgment, to stand in the way of giving effect to the clearly intended scheme of the legislation.’ They had been to court many times and C&G was adding the cost of its proceedings to the bill against Mrs Norgan and her husband, who were struggling along. These will ultimately have to be paid and that shows the disadvantage of multiple and continued applications to court under the Administration of Justice Act 1970 section 36.
Evans LJ agreed.