Back to Insights listing

PropertyMonday 2 March 2026

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.

Subscribers to LexisNexis can read the article using the link below:

Read full article on LexisNexis

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Events / Webinars

    Property Breakfast Briefing – Forfeiture & Relief

    Wednesday 3 June 2026 | 8.30am - 9.30am
    Wilberforce Chambers, 77 Chancery Lane

    Free to attend | 1.0 CPD

    View more
  2. Placeholder

    Recent Cases

    90 Year Lease or Contractual Licence?

    Property

    Joanne Wicks KC
    Monday 11 May 2026

    View more
  3. Placeholder

    Articles

    Real property, real impact: the Chartbrook principle

    Article by Julian Greenhill KC and Daniel Petrides,  20th April 2026. This article was first published by Estates Gazette here. There can be few questions in property law more fundamental than what your contract means. There are also few questions... Read more

    By Julian Greenhill KC | Daniel Petrides
    Monday 20 April 2026

    View more
  4. Placeholder

    Events / Webinars

    Property Breakfast Briefing – Rescission

    Wednesday 6 May 2026 | 8.30am - 9.30am
    Wilberforce Chambers, 77 Chancery Lane

    Free to attend | 1.0 CPD

    View more

View all thought leadership