Ikeji v Bank of Scotland Plc [2021] EWHC 797 (QB) (31 March 2021)

Ikeji v Bank of Scotland Plc [2021] EWHC 797 (QB) (31 March 2021)

The court held that the strike out of Mr. Ikeji's second application for permission to appeal was correct and not unjust, as it was an abuse of process to relitigate the same grounds and evidence after a prior refusal. The court further held that there was no serious issue to be tried regarding the bank's duty on sale, as the bank had obtained multiple independent valuations and acted properly. Damages would be an adequate remedy for any alleged undervalue, and no interim injunction was justified.

Citation
[2021] EWHC 797
Parties
Defendant/applicant: Terry Chukwuemeka Ikeji; Claimant/respondent: Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
High Court Appeal and Injunction Application / Judgment on Permission to Appeal and Interim Injunction
Outcome
Permission to appeal refused; interim injunction discharged; all applications dismissed as totally without merit.
Legal Topics
Abuse of Process, Possession Proceedings, Mortgagee's Power of Sale, Interim Injunctions, Appeal Procedure
Civil Procedure Property Law Mortgage Law Abuse of Process Possession Proceedings Mortgagee's Power of Sale Interim Injunctions Appeal Procedure

Case Brief

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Parties

Terry Chukwuemeka Ikeji

Defendant/applicant

Bank of Scotland PLC

Claimant/respondent

Procedural Posture

High Court Appeal and Injunction Application / Judgment on Permission to Appeal and Interim Injunction

Legal Issues

  1. 1 Whether the strike out of a second application for permission to appeal was wrong or unjust due to procedural irregularity
  2. 2 Whether an interim injunction restraining the sale of mortgaged property by the bank should be granted

Ratio Decidendi

The court held that the strike out of Mr. Ikeji's second application for permission to appeal was correct and not unjust, as it was an abuse of process to relitigate the same grounds and evidence after a prior refusal. The court further held that there was no serious issue to be tried regarding the bank's duty on sale, as the bank had obtained multiple independent valuations and acted properly. Damages would be an adequate remedy for any alleged undervalue, and no interim injunction was justified.

Court Disposition

Permission to appeal refused; interim injunction discharged; all applications dismissed as totally without merit.

Orders

  • Permission to appeal against the strike out order of 7 August 2019 is refused.
  • The interim injunction restraining sale of the property is discharged.