National Westminster Bank Plc v Feeney [2003] EWCA Civ 950 (11 June 2003)

National Westminster Bank Plc v Feeney [2003] EWCA Civ 950 (11 June 2003)

Once a final judgment is given on a claim, it ceases to be 'existing proceedings' for the purposes of CPR Practice Direction 51 paragraph 19(4), and a counterclaim that is not actively pursued during the critical period is subject to automatic stay, regardless of enforcement activity on the main claim.

Citation
[2003] EWCA Civ 950
Parties
Appellant/claimant: National Westminster Bank PLC; Respondent/defendant: Thomas James Feeney; Respondent/defendant: Linda Catherinne Feeney
Jurisdiction
England and Wales
Judgment Date
11 June 2003
Procedural Posture
Civil Appeal / Second Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Automatic Stay Under CPR Transitional Provisions, Counterclaim Status Post Final Judgment, Interpretation of 'existing Proceedings' Under CPR Part 51
Civil Procedure Banking Law Property Law Automatic Stay Under CPR Transitional Provisions Counterclaim Status Post Final Judgment Interpretation of 'existing Proceedings' Under CPR Part 51

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Parties

National Westminster Bank PLC

Appellant/claimant

Thomas James Feeney

Respondent/defendant

Linda Catherinne Feeney

Respondent/defendant

Procedural Posture

Civil Appeal / Second Appeal From County Court Decision

Legal Issues

  1. 1 Whether the counterclaim was automatically stayed under CPR Practice Direction 51 paragraph 19
  2. 2 Whether the possession order constituted a final judgment for the purposes of the stay
  3. 3 Whether applications to suspend the warrant of possession kept the counterclaim alive

Ratio Decidendi

Once a final judgment is given on a claim, it ceases to be 'existing proceedings' for the purposes of CPR Practice Direction 51 paragraph 19(4), and a counterclaim that is not actively pursued during the critical period is subject to automatic stay, regardless of enforcement activity on the main claim.

Court Disposition

Appeal allowed

Orders

  • District judge's order restored
  • Counterclaim automatically stayed under CPR Practice Direction 51