Chitolie v National Westminster Bank Plc [2001] EWCA Civ 1498 (9 October 2001)

Chitolie v National Westminster Bank Plc [2001] EWCA Civ 1498 (9 October 2001)

The application was dismissed because the claim was time-barred and constituted an abuse of process by seeking to relitigate matters already decided in earlier proceedings; no real prospect of success or compelling reason for a second-tier appeal was shown.

Citation
[2001] EWCA Civ 1498
Parties
Claimant/applicant: Dick Lucien Chitolie; Defendant/respondent: National Westminster Bank PLC
Jurisdiction
England and Wales
Judgment Date
09 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal From High Court Order
Outcome
Application for permission to appeal refused and dismissed.
Legal Topics
Abuse of Process, Limitation of Actions, Mortgagee's Power of Sale, Summary Judgment, Second Tier Appeals
Civil Procedure Property Law Abuse of Process Limitation of Actions Mortgagee's Power of Sale Summary Judgment Second Tier Appeals

Case Brief

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Parties

Dick Lucien Chitolie

Claimant/applicant

National Westminster Bank PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal From High Court Order

Legal Issues

  1. 1 Whether the claim was time-barred under the Limitation Act 1980
  2. 2 Whether the proceedings constituted an abuse of process by relitigating matters already decided
  3. 3 Whether permission to appeal should be granted under section 55(1) of the Access to Justice Act 1999

Ratio Decidendi

The application was dismissed because the claim was time-barred and constituted an abuse of process by seeking to relitigate matters already decided in earlier proceedings; no real prospect of success or compelling reason for a second-tier appeal was shown.

Court Disposition

Application for permission to appeal refused and dismissed.

Orders

  • No further applications in these proceedings or related proceedings to be listed in this Court unless permission required by Butterfield J's order of 30 October 2000 is first obtained.