Woolwich Plc v Chauhan [2002] EWCA Civ 324 (1 March 2002)

Woolwich Plc v Chauhan [2002] EWCA Civ 324 (1 March 2002)

The judge found no merit in Dr Chauhan's claims regarding timing of fixed rates, entitlement to discounts, or compensation for adverse credit rating, and confirmed the lender's contractual discretion and proper application of the slip rule.

Citation
[2002] EWCA Civ 324
Parties
Claimant/respondent: Woolwich PLC; Defendant/applicant: Dr Mukesh Chandubhai Chauhan
Jurisdiction
England and Wales
Judgment Date
01 March 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Mortgage Redemption, Interest Rates, Arrears, Redemption Penalty, Slip Rule Correction
Property Law Banking Law Mortgage Redemption Interest Rates Arrears Redemption Penalty Slip Rule Correction

Case Brief

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Parties

Woolwich PLC

Claimant/respondent

Dr Mukesh Chandubhai Chauhan

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Timing of conversion from variable to fixed rate loans
  2. 2 Payment of October 1993 mortgage instalment
  3. 3 Terms and dates for transfer to fixed rate of 4.99%

Ratio Decidendi

The judge found no merit in Dr Chauhan's claims regarding timing of fixed rates, entitlement to discounts, or compensation for adverse credit rating, and confirmed the lender's contractual discretion and proper application of the slip rule.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • Order corrected under slip rule