Lloyds TSB Bank Plc v Pygott [2002] EWCA Civ 1315 (22 August 2002)

Lloyds TSB Bank Plc v Pygott [2002] EWCA Civ 1315 (22 August 2002)

The applicant disclosed no arguable defence to the bank's claim under the guarantee and mortgage; summary disposal was appropriate and did not breach Article 6 ECHR; the bank retained its security and was entitled to enforce it; no cause of action arose under the Insolvency Act or otherwise against the bank.

Citation
[2002] EWCA Civ 1315
Parties
Claimant/respondent: Lloyds TSB Bank Plc; Defendant/applicant: Antony Gordon Pygott
Jurisdiction
England and Wales
Judgment Date
22 August 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal After Dismissal of Appeal From County Court
Outcome
Applications for permission to appeal refused
Legal Topics
Guarantee Liability, Mortgage Enforcement, Summary Judgment, Human Rights (article 6 Echr), Insolvency Act 1986 Ss. 423 424
Banking Law Property Law Civil Procedure Guarantee Liability Mortgage Enforcement Summary Judgment Human Rights (article 6 Echr) Insolvency Act 1986 Ss. 423 424

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lloyds TSB Bank Plc

Claimant/respondent

Antony Gordon Pygott

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal After Dismissal of Appeal From County Court

Legal Issues

  1. 1 Whether the guarantee was discharged by payment
  2. 2 Whether enforcement of the guarantee was statute-barred
  3. 3 Whether summary judgment procedure breached Article 6 ECHR

Ratio Decidendi

The applicant disclosed no arguable defence to the bank's claim under the guarantee and mortgage; summary disposal was appropriate and did not breach Article 6 ECHR; the bank retained its security and was entitled to enforce it; no cause of action arose under the Insolvency Act or otherwise against the bank.

Court Disposition

Applications for permission to appeal refused

Orders

  • Permission to appeal refused
  • No further orders made