Goodfellow v Markos [2007] EWCA Civ 254 (28 February 2007)

Goodfellow v Markos [2007] EWCA Civ 254 (28 February 2007)

Permission to appeal refused as the grounds were devoid of merit; the costs order is final and enforceable, the defendant failed to cooperate in satisfying the debt, and procedural remedies for alleged lack of notice must be exhausted in the High Court before approaching the Court of Appeal.

Citation
[2007] EWCA Civ 254
Parties
Claimant/respondent: Goodfellow; Defendant/appellant: Markos
Jurisdiction
England and Wales
Judgment Date
28 February 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From Possession Order
Outcome
Application for permission to appeal refused.
Legal Topics
Enforcement of Charging Orders, Possession Proceedings, Costs Orders, Right to Fair Trial, Legal Representation, Human Rights Act 1998
Civil Procedure Property Law Human Rights Enforcement of Charging Orders Possession Proceedings Costs Orders Right to Fair Trial Legal Representation +1 more

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Parties

Goodfellow

Claimant/respondent

Markos

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From Possession Order

Legal Issues

  1. 1 Whether permission to appeal from the possession order should be granted
  2. 2 Whether the defendant was given notice of the hearing
  3. 3 Whether enforcement of the charging order is proportionate under Human Rights Act 1998

Ratio Decidendi

Permission to appeal refused as the grounds were devoid of merit; the costs order is final and enforceable, the defendant failed to cooperate in satisfying the debt, and procedural remedies for alleged lack of notice must be exhausted in the High Court before approaching the Court of Appeal.

Court Disposition

Application for permission to appeal refused.

Orders

  • Transcript of judgment to be prepared at public expense and distributed to relevant parties.
  • Notice to be placed on file that further applications by Mrs Markos may be refused without oral hearing if devoid of merit.