Mortgage Express v Christopher Ramsay

Mortgage Express v Christopher Ramsay

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. No serious procedural irregularity caused injustice, and the Defendant had full opportunity to present his case on appeal. The only exception was the setting aside of the 'totally without merit' order, which was not appropriate given the complex background.

Parties
Claimant/respondent: Mortgage Express; Defendant/applicant: Christopher Ramsay
Jurisdiction
England and Wales
Judgment Date
15 March 2023
Procedural Posture
Civil 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
Extension of Time for Appeal, Permission to Appeal, Possession Proceedings, Service of Documents, Procedural Irregularity, Human Rights (article 6 Echr), Transfer of Enforcement to High Court, Stay of Eviction
Civil Procedure Property Law Extension of Time for Appeal Permission to Appeal Possession Proceedings Service of Documents Procedural Irregularity Human Rights (article 6 Echr) +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mortgage Express

Claimant/respondent

Christopher Ramsay

Defendant/applicant

Procedural Posture

Civil 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
  2. 2 Whether permission to appeal out of time should be granted
  3. 3 Whether there was a serious procedural irregularity rendering the decision unjust

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. No serious procedural irregularity caused injustice, and the Defendant had full opportunity to present his case on appeal. The only exception was the setting aside of the 'totally without merit' order, which was not appropriate given the complex background.

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