Palk v Mortgage Services [1993]

Mortgagor had negative equity but wanted to sell so as
not to fall further into arrears.
Mortgagee refused consent to sale.
Plaintiffs applied for order for sale under s91(2) of
LPA 1925.
Court of Appeal ordered sale.
Court’s discretion to be exercised having due regard
to all interests concerned.
In circumstances it was just and equitable to order
[Utility of Palk
severely reduced by subsequent case of Cheltenham
& Glouc Building Society v Krausz