Lloyds Bank PLC v Michael Thomas Cook

Lloyds Bank PLC v Michael Thomas Cook

The appeal was allowed because, given the tension in the authorities regarding the right of a legal owner to bring possession proceedings after an equitable assignment, the Deputy District Judge was wrong to conclude that the defence disclosed no real prospect of success. The issues raised were not suitable for summary disposal.

Parties
Claimant/respondent: Lloyds Bank PLC; Defendant/appellant: Mr Michael Thomas Cook
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Civil Appeal (possession Proceedings) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Mortgage Possession, Securitisation, Equitable Assignment, Summary Judgment, Strike Out Applications
Civil Procedure Property Law Banking and Finance Mortgage Possession Securitisation Equitable Assignment Summary Judgment Strike Out Applications

Case Brief

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Parties

Lloyds Bank PLC

Claimant/respondent

Mr Michael Thomas Cook

Defendant/appellant

Procedural Posture

Civil Appeal (possession Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the defence to possession proceedings should have been struck out summarily where issues of securitisation and entitlement to enforce the mortgage were raised
  2. 2 Whether the Respondent as legal owner could bring proceedings without joining the beneficial assignee

Ratio Decidendi

The appeal was allowed because, given the tension in the authorities regarding the right of a legal owner to bring possession proceedings after an equitable assignment, the Deputy District Judge was wrong to conclude that the defence disclosed no real prospect of success. The issues raised were not suitable for summary disposal.

Court Disposition

Appeal allowed

Orders

  • Strike out of defence and possession order set aside
  • Parties to agree consequential order for approval by the judge