Parker-Tweedale v Dunbar Bank Plc (No 2)

Subject Matter

MORTGAGE — Sale by mortgagee — Costs — Third party bringing proceedings against mortgagee impugning exercise of statutory power of sale — Third party beneficially interested in equity of redemption — Costs of defending action reasonably and properly incurred — Whether mortgagee entitled to reimbursement of costs out of security — RSC, Ord 62, r 6(2)

[1991] Ch 26; [1990] 3 WLR 780; [1990] 2 All ER 588; The Times, 23 February 1990, CA

MORTGAGE — Sale by mortgagee — Costs — Third party bringing proceedings against mortgagee impugning exercise of statutory power of sale — Third party beneficially interested in equity of redemption — Costs of defending action reasonably and properly incurred — Whether mortgagee entitled to reimbursement of costs out of security — RSC, Ord 62, r 6(2)

[1991] Ch 26; [1990] 3 WLR 780; [1990] 2 All ER 588; The Times, 23 February 1990, CA

Commentary

Blackstones Civil Practice 2023
Special Cases - Mortgagees’ rights to costs 68.52

Orders for Possession - Costs: general approach 87.27