Bank of Scotland Plc v Copeland [2015] EWHC 921 (QB) (31 March 2015)

Bank of Scotland Plc v Copeland [2015] EWHC 921 (QB) (31 March 2015)

Permission to appeal is granted because the substantive issue of whether the Bank is owed the sum claimed remains unresolved, and justice requires examination of the merits with both parties involved.

Citation
[2015] EWHC 921
Parties
Claimant/proposed Respondent: Bank of Scotland Plc; Defendant/proposed Appellant: Rosemary Copeland
Jurisdiction
England and Wales
Judgment Date
31 March 2015
Procedural Posture
Appeal / Permission to Appeal Hearing
Outcome
Permission to appeal granted
Legal Topics
Mortgage Possession, Limitation, Fraud Allegations
Civil Procedure Property Law Banking Law Mortgage Possession Limitation Fraud Allegations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Bank of Scotland Plc

Claimant/proposed Respondent

Rosemary Copeland

Defendant/proposed Appellant

Procedural Posture

Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 Whether permission to appeal should be granted against the decisions of HH Judge Maloney QC
  2. 2 Whether the Bank is owed the sum claimed by virtue of the mortgage
  3. 3 Whether limitation bars Ms Copeland's counterclaim alleging fraud

Ratio Decidendi

Permission to appeal is granted because the substantive issue of whether the Bank is owed the sum claimed remains unresolved, and justice requires examination of the merits with both parties involved.

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be listed for one day
  • Bank to prepare hearing bundle if Ms Copeland does not appoint solicitors