Abbey National Plc v Bartholomew [2002] EWCA Civ 453 (26 March 2002)

Abbey National Plc v Bartholomew [2002] EWCA Civ 453 (26 March 2002)

There was no error in the exercise of discretion by the District Judges in refusing further suspension of the possession order, as the applicant had repeatedly failed to make required payments and was not likely to pay off the arrears within a reasonable period. No arguable case for appeal was established.

Citation
[2002] EWCA Civ 453
Parties
Claimant/respondent: Abbey National Plc; Defendant/applicant: Makael George Bartholomew
Jurisdiction
England and Wales
Judgment Date
26 March 2002
Procedural Posture
Mortgage Possession and Money Judgment / Application for Permission to Appeal to the Court of Appeal
Outcome
Permission to appeal refused
Legal Topics
Mortgage Possession, Redemption Figures Dispute, Suspension of Possession Orders, Court Discretion Under Administration of Justice Act 1970 S.36
Property Law Civil Procedure Mortgage Possession Redemption Figures Dispute Suspension of Possession Orders Court Discretion Under Administration of Justice Act 1970 S.36

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Parties

Abbey National Plc

Claimant/respondent

Makael George Bartholomew

Defendant/applicant

Procedural Posture

Mortgage Possession and Money Judgment / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the District Judge's discretion to refuse further suspension of the possession order was exercised on proper principles
  2. 2 Whether the redemption figures and additional charges claimed by the mortgagee were correct
  3. 3 Whether the applicant was likely to pay off arrears within a reasonable period

Ratio Decidendi

There was no error in the exercise of discretion by the District Judges in refusing further suspension of the possession order, as the applicant had repeatedly failed to make required payments and was not likely to pay off the arrears within a reasonable period. No arguable case for appeal was established.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused