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10/02/2009

Protection from repossession

Andrew Dismore MP (he of Chair of the Joint Committee on Human Rights fame) has introduced a ten minute rule bill entitled ‘Home Repossession (Protection) Bill’.  In his own words, the Bill will:

amend the Law of Property Act 1925 to require a mortgagee to obtain the court’s permission before exercising the power of sale, where the mortgaged land consists of or includes a dwelling-house

The aim is to overturn the High Court’s decision in Horsham Properties v Clark [2008] EWHC 2327 (Ch).  At the time J noted that Horsham would give rise to more questions than it answered.  Maybe this new Bill might provide some answers, although Dismore also uses it as an opportunity to draw some attention to the JCHR’s proposals for a Bill of Rights.

I don’t think that a ten minute rule bill has been passed since the Private Hire Vehicles (Carriage of Guide Dogs etc) Act 2002, which was passed in November of that year.  It’s worth noting that the previous one before that was the Divorce (Religious Marriages) Act 2002, which passed in the July and was introduced by none other than Andrew Dismore.  The second reading of the Bill is scheduled for 26th June.

chief is a barrister in the big city. he specialises in public law, landlord & tenant, football and rock 'n' roll (the last two are only when his clerks aren't watching). he sometimes pops by here, but not as often as he'd like. he will occasionally eschew capital letters. the reasons for this odd affectation are lost in the mists of time.

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