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Receiver’s right to possession upheld and occupants ordered to vacate property
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High Court grants a receiver's application for interlocutory injunctions, compelling the occupants to vacate the property and restraining the defendant from interfering with the receiver's functions, on the grounds that there was a strong case that the plaintiffs would likely succeed at trial, establishing that the defendant had defaulted on a loan secured by a mortgage on the property, which had been transferred to the plaintiffs; and the balance of justice favored granting the injunction, with damages being an adequate remedy for the defendant should the plaintiffs fail at trial.
Interlocutory injunctions - receiver - possession of property - default on loan - mortgage - transfer of loan - appointment of receiver - trespass - balance of justice - adequacy of damages - enforcement of security - Charleton v Scriven - Maha Lingham standard - Campus Oil principles - Promontoria - Ulster Bank - First Active plc - Global Deed of Transfer - Land Registry Folio - Conveyancing Act 1881 - lis pendens - summary judgment - undertaking as to damages.
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