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Joanne Wicks KC
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Section 91 of the Law of Property Act 1925 – Court of Appeal decision on conduct of sale of property in receivership
Tiffany Scott KC has written an article analysing the Court of Appeal’s judgment in Fairmont Property Developers v Venus Bridging Ltd.
In the article Tiffany poses the question: When will the court order that a borrower be given conduct of the sale of a mortgaged property in place of receivers under section 91 of the Law of Property Act 1925 (LPA 1925)?
The Court of Appeal agreed with the first instance Deputy Judge that (1) such an order should be made only in exceptional circumstances and (2) where there is some identifiable unfairness to the borrower and (3) this unfairness requires the court to be satisfied that the property is likely to be sold at an undervalue.
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PLA Autumn Training Day 2026
Thursday 12 November 2026 | 9.15am - 4.30pm
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Joanne Wicks KC | Mark Galtrey