CHANCERY DIVISION
Strand London WC2A 2LL |
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B e f o r e :
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LEXI HOLDINGS | Claimant | |
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POONI & ANOTHER | Defendant |
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PO Box 1336, Kingston-Upon-Thames KT1 1QT
Tel No: 020 8974 7300 Fax No: 020 8974 7301
Email Address: Tape@merrillcorp.com
(Official Shorthand Writers to the Court)
Mr Uff appeared on behalf of the Defendant.
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Crown Copyright ©
MR JUSTICE BRIGGS
"Where a mortgage of land consists of or includes a dwelling-house and no part of the land is situated in Greater London then, subject to subsection (4), if a county court has jurisdiction by virtue of this section to hear and determine an action in which the mortgagee under that mortgage claims possession of the mortgaged property, no court other than a county court shall have jurisdiction to hear and determine that action."
The reference to a county court having jurisdiction is a reference back to section 21(1), which provides that:
"A county court shall have jurisdiction to hear and determine any action for the recovery of land."
The matter has proceeded thus far on the assumption that the Portsmouth rather than Isle of Wight County Court had the relevant jurisdiction in relation to the fort. Subsection (4) provides that:
"Subsection (3) shall not apply to an action for foreclosure or sale in which a claim for possession of the mortgaged property is also made."
Subsection (7) defines "dwelling house" as including "any building or part of a building which is used as a dwelling".