Moyse & Anor v Regal Mortgages Ltd [2004] EWCA Civ 1269 (15 September 2004)

Moyse & Anor v Regal Mortgages Ltd [2004] EWCA Civ 1269 (15 September 2004)

The Court of Appeal has no jurisdiction to entertain an appeal after a circuit judge has refused permission to appeal under section 54(4) of the Access to Justice Act 1999. Orders made by High Court judges purporting to transfer or stay such appeals are nullities. There is no basis to stay execution of the possession order where there is no prospect of payment of arrears and the mortgagee is entitled to possession.

Citation
[2004] EWCA Civ 1269
Parties
Claimant/applicant: Michael John Moyse; Claimant/applicant: Corinne Mavis Moyse; Defendant/respondent: Regal Mortgages Limited Partnership
Jurisdiction
England and Wales
Judgment Date
15 September 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Appeals, Possession Proceedings, Mortgage Arrears, Jurisdiction, Stay of Execution
Civil Procedure Property Law Appeals Possession Proceedings Mortgage Arrears Jurisdiction Stay of Execution

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Parties

Michael John Moyse

Claimant/applicant

Corinne Mavis Moyse

Claimant/applicant

Regal Mortgages Limited Partnership

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain an appeal after refusal of permission to appeal by a circuit judge under section 54(4) of the Access to Justice Act 1999
  2. 2 Whether a stay of execution of a possession order should be granted pending further proceedings or appeals
  3. 3 Whether the actions of lower courts and High Court judges in granting or removing stays or transferring appeals were valid

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an appeal after a circuit judge has refused permission to appeal under section 54(4) of the Access to Justice Act 1999. Orders made by High Court judges purporting to transfer or stay such appeals are nullities. There is no basis to stay execution of the possession order where there is no prospect of payment of arrears and the mortgagee is entitled to possession.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • No stay of execution of the possession order