Decided 18 December 1998 | End date December 18, 1998 | |
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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 Court of Appeal of England and Wales Judge sittings John Chadwick, Anthony Clarke, Baron Clarke of Stone-cum-Ebony People also search for Fairclough v Swan Brewery Co Ltd | ||
Ropaigealach v Barclays Bank plc [2000] QB 263 is an English land law case, concerning mortgage.
Contents
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.
But he was persuaded it was not possible to infer that Parliament intended to cover such a case.
References
Ropaigealach v Barclays Bank plc Wikipedia(Text) CC BY-SA