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 mortgagors 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.

Sources on mortgages

Law of Property Act 1925 ss 85-87

FSMA 2000 ss 2-28, 56-66, 138 and 150

CCA 1974 ss 8-16B, 26-40, 50-88C, 126-136, 140A-B

Barclays Bank plc v O'Brien [1993] UKHL 6

Royal Bank of Scotland v Etridge (No 2) [2001] UKHL 44

UTCCR 1999 rr 5-7, Sch 2, para 2(b) and (d)

Vernon v Bethell (1762) 28 ER 838

Fairclough v Swan Brewery [1912] UKPC 1

Jones v Morgan [2001] EWCA Civ 995

Financial Conduct Authority Handbook (MCOB 13)

LPA 1925 ss 88-91

Administration of Justice Act 1970 s 36

CCA 1974 ss 129-130

Ropaigealach v Barclays Bank plc [2000] QB 263

Cheltenham & Gloucester BS v Norgan [1995] EWCA Civ 11

Bristol & West Building Society v Ellis (1997) 73 P&CR 158

LPA 1925 ss 88, 101-109

Cuckmere Brick Co v Mutual Finance [1971] EWCA Civ 9

Silven Ltd v Royal Bank of Scotland [2003] EWCA Civ 1409

Tse Kwong Lam v Wong Chit Sen [1983] UKPC 28

York Buildings Co v Mackenzie (1795) 3 Paton 378

see English land law and easements

Notes

↑ [2000] QB 263, 283

References

External links

This article is issued from Wikipedia - version of the Thursday, March 24, 2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.