Q&As

A client has obtained an order for sale against a property, possession has been obtained and the property is now on the market. Is there any legal reason preventing the client from purchasing the property if they offer the highest price for the property and the property has been listed on the open market?

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Produced in partnership with Christopher Snell of New Square Chambers
Published on: 02 March 2018
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CPR 40.16, sets out the court’s general power to order a sale of property. It provides in terms:

‘In any proceedings relating to land, the court may order the land, or part of it, to be

a. sold;

b. mortgaged;

c. exchanged; or

d. partitioned.’

CPR PD 40D, para 3 provides as follows:

‘3.1 Where –

1. the court has

Christopher Snell
Christopher Snell

New Square Chambers

Advice and representation in all areas of commercial and chancery litigation.

Instructed on behalf of both retail and investment banks [including BNY Mellon; HSBC; Royal Bank of Scotland] in relation to a variety of commercial issues.

Retained in relation to a wide range of international disputes; including disputes in the Bahamas; Isle of Man; BVI and Kuwait.

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United Kingdom

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