Mortgage Express v Ramsay [2023] EWHC 566 (KB) (15 March 2023)

Mortgage Express v Ramsay [2023] EWHC 566 (KB) (15 March 2023)

The Defendant was granted an extension of time to appeal as he did not know of the order until November 2022 and acted promptly thereafter. However, permission to appeal was refused as there was no real prospect of success on the merits regarding the transfer to the High Court or the stay application. There was no serious procedural irregularity causing injustice, and the Defendant had full opportunity to present his case on appeal. The only exception was that the order declaring the stay application 'totally without merit' was set aside as inappropriate in the circumstances.

Citation
[2023] EWHC 566 (KB)
Parties
Claimant/respondent: Mortgage Express; Defendant/applicant: Christopher Ramsay
Jurisdiction
England and Wales
Judgment Date
15 March 2023
Procedural Posture
Appeal / Judgment on Application for Extension of Time and Permission to Appeal Out of Time
Outcome
Application for extension of time granted; permission to appeal refused except that the 'totally without merit' order is set aside.
Legal Topics
Appeals, Possession Proceedings, Extension of Time, Stay of Eviction, Transfer of Enforcement, Procedural Irregularity
Civil Procedure Property Law Appeals Possession Proceedings Extension of Time Stay of Eviction Transfer of Enforcement Procedural Irregularity

Case Brief

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Parties

Mortgage Express

Claimant/respondent

Christopher Ramsay

Defendant/applicant

Procedural Posture

Appeal / Judgment on Application for Extension of Time and Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the Defendant should be granted an extension of time to appeal the order of 8 December 2021
  2. 2 Whether permission to appeal out of time should be granted
  3. 3 Whether there was a serious procedural irregularity or injustice in the lower court proceedings

Ratio Decidendi

The Defendant was granted an extension of time to appeal as he did not know of the order until November 2022 and acted promptly thereafter. However, permission to appeal was refused as there was no real prospect of success on the merits regarding the transfer to the High Court or the stay application. There was no serious procedural irregularity causing injustice, and the Defendant had full opportunity to present his case on appeal. The only exception was that the order declaring the stay application 'totally without merit' was set aside as inappropriate in the circumstances.

Court Disposition

Application for extension of time granted; permission to appeal refused except that the 'totally without merit' order is set aside.

Orders

  • Extension of time to appeal granted
  • Permission to appeal refused on all grounds except the 'totally without merit' order