A s57(2)(b) notice under the Real Property Act 1900 operates from its date of service, not the date on which it is signed or dated; the critical reference point at each step of s57 is the date of service. An overstatement of the amount owing does not invalidate a s57 notice, though specifying a non-existent default would. Where a mortgage clause dispenses with notice 'without giving any notice to the Mortgagor' in respect of non-payment defaults, s58A is effectively invoked and the mortgagee may exercise its power of sale without a s57 notice. A solicitor's advice against seeking an injunction is to be judged by reference to the scope of the retainer and the information available, and a solicitor is not negligent in declining to be party to proceedings that would constitute an abuse of process.
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