Peaceable entry to mortgaged premises: considering the doctrine’s compatibility with Art 8 HRA

Loveland, I. (2014). Peaceable entry to mortgaged premises: considering the doctrine’s compatibility with Art 8 HRA. Conveyancer and Property Lawyer, 2014(5), pp. 381-397.

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Abstract

Reproduced with permission of THOMSON REUTERS (PROFESSIONAL) UK LIMITED.

Considers whether the common law doctrine of peaceable entry by the mortgagee is compatible with the right to respect for one's home under the European Convention on Human Rights 1950 art.8, and whether the Court of Appeal decision in Ropaigealach v Barclays Bank Plc remains good law, considering the facts of a case in which a mortgagee seeking to exercise its powers of entry and sale was persuaded to withdraw, paying damages and costs to the mortgagor to settle his claim for trespass.

Item Type: Article
Additional Information: This extract is taken from the author's original manuscript and has not been edited. The definitive, published, version of record is available here: http://login.westlaw.co.uk/.
Uncontrolled Keywords: Mortgagees' powers and duties; Possession claims; Powers of entry; Right to respect for home; Trespass to land;
Subjects: K Law > KD England and Wales
Divisions: The City Law School
URI: http://openaccess.city.ac.uk/id/eprint/13796

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