Dodd & Anor v O'Callaghan [2001] EWCA Civ 1659 (26 October 2001)

Dodd & Anor v O'Callaghan [2001] EWCA Civ 1659 (26 October 2001)

The application for permission to appeal is adjourned to be heard by the full court, as there is arguable new evidence regarding the sale price of a comparable property (flat C) that may satisfy the Ladd v Marshall criteria, particularly as to its credibility and potential impact on the outcome.

Citation
[2001] EWCA Civ 1659
Parties
Claimant/respondent: James Dodd; Claimant/respondent: Charles Dodd; Defendant/applicant: Kevin John O'Callaghan
Jurisdiction
England and Wales
Judgment Date
26 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Application adjourned for hearing before full court
Legal Topics
Mortgage Repossession, Sale at Undervalue, Admission of Fresh Evidence on Appeal, Duty of Mortgagee on Sale
Property Law Civil Procedure Mortgage Repossession Sale at Undervalue Admission of Fresh Evidence on Appeal Duty of Mortgagee on Sale

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Parties

James Dodd

Claimant/respondent

Charles Dodd

Claimant/respondent

Kevin John O'Callaghan

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the property was sold at an undervalue by the mortgagee
  2. 2 Whether new evidence should be admitted on appeal under Ladd v Marshall principles

Ratio Decidendi

The application for permission to appeal is adjourned to be heard by the full court, as there is arguable new evidence regarding the sale price of a comparable property (flat C) that may satisfy the Ladd v Marshall criteria, particularly as to its credibility and potential impact on the outcome.

Court Disposition

Application adjourned for hearing before full court

Orders

  • Proceedings adjourned to be heard on notice before two Lords Justices for two hours
  • Applicant to serve a statement within 28 days as to the circumstances of obtaining new evidence