Weldon v Godiva Mortgages Ltd & Anor [2024] EWHC 316 (KB) (15 February 2024)

The injunction is continued for six weeks as there is a serious issue to be tried and the balance of justice favours allowing time for remortgage to discharge arrears, preventing unnecessary sale of the property.

Citation: [2024] EWHC 316 (KB)
Parties: Claimant: Chantal Weldon; First Defendant: Godiva Mortgages Limited; Second Defendant: Geoffrey C Davies; Second Defendant: Matthew J Perrett
Jurisdiction: England and Wales
Judgment Date: 15 February 2024
Procedural Posture: Interim Injunction Proceedings / Return Date Hearing
Outcome: Interim injunction continued for six weeks
Legal Topics: Interim Injunctions, Mortgage Arrears, Receivership, Remortgage, Estate Administration

Civil Procedure Property Law Equity Interim Injunctions Mortgage Arrears Receivership Remortgage Estate Administration

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Parties

Chantal Weldon

Claimant

Godiva Mortgages Limited

First Defendant

Geoffrey C Davies

Second Defendant

Matthew J Perrett

Second Defendant

Procedural Posture

Interim Injunction Proceedings / Return Date Hearing

Legal Issues

1 Whether to continue an interim injunction preventing sale of mortgaged property
2 Whether there is a serious issue to be tried regarding the sale of the property
3 Whether receivers' costs should be struck from arrears

Ratio Decidendi

Court Disposition

Interim injunction continued for six weeks

Orders

Further hearing to be held in six weeks
Claimant given opportunity within 14 days to file and serve a statement from her mother regarding remortgage intentions