Liddiment & Anor v Hull [2021] EWHC 3418 (Ch) (17 December 2021)

Liddiment & Anor v Hull [2021] EWHC 3418 (Ch) (17 December 2021)

The Deputy Master correctly exercised discretion under section 36 of the Administration of Justice Act 1970, taking the minimum debt figure in Mr Hull's favour, considered all finance offers, and found Mr Hull failed to demonstrate likelihood of repayment within a reasonable period; no error of law or unreasonable exercise of discretion was established.

Citation
[2021] EWHC 3418 (Ch)
Parties
Claimant/respondent/part 20 Defendant: James Edward Liddiment; Claimant/respondent/part 20 Defendant: Paul James Greenhalgh; Defendant/appellant/part 20 Claimant: Andrew William Hull; Part 20 Claimant: ABH Management LLP; Part 20 Defendant: Nucleus Property Finance 1 Limited; Part 20 Defendant: Michael Oliver
Jurisdiction
England and Wales
Judgment Date
17 December 2021
Procedural Posture
Appeal / Judgment on Appeal Against Possession Order
Outcome
Appeal dismissed
Legal Topics
Mortgage Possession, Section 36 Administration of Justice Act 1970, Exercise of Judicial Discretion, Default and Refinancing, Enforcement of Legal Charges
Property Law Civil Procedure Banking and Finance Mortgage Possession Section 36 Administration of Justice Act 1970 Exercise of Judicial Discretion Default and Refinancing Enforcement of Legal Charges

Case Brief

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Parties

James Edward Liddiment

Claimant/respondent/part 20 Defendant

Paul James Greenhalgh

Claimant/respondent/part 20 Defendant

Andrew William Hull

Defendant/appellant/part 20 Claimant

ABH Management LLP

Part 20 Claimant

Nucleus Property Finance 1 Limited

Part 20 Defendant

Michael Oliver

Part 20 Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Possession Order

Legal Issues

  1. 1 Applicability of section 36 Administration of Justice Act 1970 to partial property possession
  2. 2 Timing of judicial discretion under section 36
  3. 3 Assessment of likelihood of mortgagor repaying debt within reasonable period

Ratio Decidendi

The Deputy Master correctly exercised discretion under section 36 of the Administration of Justice Act 1970, taking the minimum debt figure in Mr Hull's favour, considered all finance offers, and found Mr Hull failed to demonstrate likelihood of repayment within a reasonable period; no error of law or unreasonable exercise of discretion was established.

Court Disposition

Appeal dismissed

Orders

  • Possession order in favour of Receivers upheld
  • Stay on possession order pending appeal lifted