Halifax Plc v Olanrewaju [2002] EWCA Civ 518 (11 April 2002)

Halifax Plc v Olanrewaju [2002] EWCA Civ 518 (11 April 2002)

Permission to appeal is not granted immediately due to lack of reasoned judgments below and unresolved factual issues; further information is required from the building society before the application can proceed.

Citation
[2002] EWCA Civ 518
Parties
Claimant/respondent: Halifax PLC; Defendant/applicant: Samuel Olanrewaju
Jurisdiction
England and Wales
Judgment Date
11 April 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal), Adjourned
Outcome
Application adjourned; stay of execution of possession order granted; transcript to be provided at public expense.
Legal Topics
Mortgage Possession, Exercise of Judicial Discretion, Costs Added to Mortgage, Alternative Dispute Resolution
Property Law Civil Procedure Mortgage Possession Exercise of Judicial Discretion Costs Added to Mortgage Alternative Dispute Resolution

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Parties

Halifax PLC

Claimant/respondent

Samuel Olanrewaju

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal), Adjourned

Legal Issues

  1. 1 Whether judicial discretion was properly exercised in granting possession order
  2. 2 Entitlement of building society to add legal costs to mortgage debt
  3. 3 Whether mortgage contract terms allow charging of costs

Ratio Decidendi

Permission to appeal is not granted immediately due to lack of reasoned judgments below and unresolved factual issues; further information is required from the building society before the application can proceed.

Court Disposition

Application adjourned; stay of execution of possession order granted; transcript to be provided at public expense.

Orders

  • Matter adjourned to be heard before end of July 2002 on notice to building society.
  • Stay of execution of possession order.