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 still owed the claimed sum, in light of alleged repayments and the Bank's knowledge of fraud, requires examination on the merits. Justice will be furthered by allowing the appeal to proceed.

Citation
[2015] EWHC 921 (QB)
Parties
Claimant/proposed Respondent: Bank of Scotland Plc; Defendant/proposed Appellant: Rosemary Copeland
Jurisdiction
England and Wales
Judgment Date
31 March 2015
Procedural Posture
Civil Appeal (permission to Appeal) / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Mortgage Possession, Limitation Period, Fraud Allegations, Strike Out of Defence, Counterclaim, Procedural Fairness
Civil Procedure Banking Law Property Law Mortgage Possession Limitation Period Fraud Allegations Strike Out of Defence Counterclaim +1 more

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Parties

Bank of Scotland Plc

Claimant/proposed Respondent

Rosemary Copeland

Defendant/proposed Appellant

Procedural Posture

Civil Appeal (permission to Appeal) / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted against the decisions of HH Judge Maloney QC on 2 May 2014
  2. 2 Whether the limitation period bars Ms Copeland's counterclaim alleging fraud
  3. 3 Whether the Bank is still owed the claimed sum given the alleged repayments and transactions

Ratio Decidendi

Permission to appeal is granted because the substantive issue of whether the Bank is still owed the claimed sum, in light of alleged repayments and the Bank's knowledge of fraud, requires examination on the merits. Justice will be furthered by allowing the appeal to proceed.

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be listed for one day
  • Bank to prepare hearing bundle if Ms Copeland is unrepresented