Jayashankar v Lloyds TSB Plc [2011] EW Misc 9 (CC) (29 June 2011)

Jayashankar v Lloyds TSB Plc [2011] EW Misc 9 (CC) (29 June 2011)

The court has no jurisdiction to entertain an appeal from a refusal to suspend a warrant for possession once the warrant has been lawfully executed, as section 36 of the Administration of Justice Act 1970 requires any suspension to be ordered before execution. Certainty for mortgagees must prevail over the...

Source-derived case information.

Citation
[2011] EW Misc 9 (CC)
Parties
Appellant/defendant: S. Jayashankar; Respondent/claimant: Lloyds TSB plc
Jurisdiction
England and Wales
Judgment Date
29 June 2011
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal Judgment
Outcome
Appeal dismissed for want of jurisdiction; permission to appeal granted
Legal Topics
Mortgage Possession, Suspension of Warrant, Jurisdiction After Execution, Section 36 Administration of Justice Act 1970
Property Law Civil Procedure Mortgage Possession Suspension of Warrant Jurisdiction After Execution Section 36 Administration of Justice Act 1970

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Parties

S. Jayashankar

Appellant/defendant

Lloyds TSB plc

Respondent/claimant

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain an appeal from a refusal to suspend a warrant for possession after the warrant has been executed
  2. 2 Interpretation of section 36 of the Administration of Justice Act 1970 regarding timing of suspension applications

Ratio Decidendi

The court has no jurisdiction to entertain an appeal from a refusal to suspend a warrant for possession once the warrant has been lawfully executed, as section 36 of the Administration of Justice Act 1970 requires any suspension to be ordered before execution. Certainty for mortgagees must prevail over the possibility of post-execution appeals.

Court Disposition

Appeal dismissed for want of jurisdiction; permission to appeal granted

Orders

  • Permission to appeal granted
  • Appeal dismissed for want of jurisdiction