Chantal Weldon v Godiva Mortgages Limited & Anor

There is a serious issue to be tried and the balance of justice and convenience favours a short continuation of the injunction to allow the Claimant to complete a remortgage and pay off arrears, thereby potentially avoiding sale of the property.

Parties: Claimant: Chantal Weldon; First Defendant: Godiva Mortgages Limited; Second Defendant (receiver): Geoffrey C Davies; Second Defendant (receiver): Matthew J Perrett
Jurisdiction: England and Wales
Judgment Date: 18 September 2024
Procedural Posture: Civil / Interim Injunction Return Date Hearing
Outcome: Interim injunction continued for six weeks
Legal Topics: Mortgage Arrears, Receivership, Interim Injunctions, Probate, Costs and Expenses

Property Law Civil Procedure Mortgage Arrears Receivership Interim Injunctions Probate Costs and Expenses

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Chantal Weldon

Claimant

Godiva Mortgages Limited

First Defendant

Geoffrey C Davies

Second Defendant (receiver)

Matthew J Perrett

Second Defendant (receiver)

Procedural Posture

Civil / Interim Injunction Return Date Hearing

Legal Issues

1 Whether to continue an interim injunction preventing sale of mortgaged property by receivers
2 Whether there is a serious issue to be tried regarding the sale of the property
3 Whether the inclusion of receivers' costs in arrears is reasonable

Ratio Decidendi

Court Disposition

Interim injunction continued for six weeks

Orders

Injunction prohibiting sale or contract for sale of 12 Merton Road, London E17, continued for six weeks
Claimant given 14 days to file and serve a statement from her mother regarding remortgage intentions