A sale may be directed at any time before the foreclosure has become absolute1. Where an application to enlarge the time for payment is pending, the sale may be enforced on application for foreclosure absolute2. Similarly, an order for foreclosure absolute may be made after an order for sale3. The only condition is that request must be made by one of the persons specified. This gives rise to the court's discretionary power, and accordingly the order may be made on an interim application
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
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