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High Court refuses an application for a preliminary determination that would have questioned the standing of a security trustee to enforce legal charges and appoint receivers over certain properties. The court found that the issues raised were not suitable for a preliminary hearing, as they were not discrete legal questions that could be resolved without a full trial. The court emphasised the need for a plenary hearing to address the complex factual and legal matters involved. The decision affirms the security trustee's right to enforce legal charges and appoint receivers, as well as the necessity for all related litigation to be resolved comprehensively and expeditiously at a plenary hearing.
Security Trustee - Legal Charges - Receivers - Preliminary Determination - High Court - Plenary Hearing - Enforcement - Assignment - Novation - Mortgagee - Beneficial Interest - Legal and Beneficial Ownership - Credit Servicing Firm - Credit Servicing Act - Data Protection - GDPR - Order 25 RSC - Case Management - Litigation Delay - Costs.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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