Adshead v Royal Bank Of Scotland Plc [2002] EWCA Civ 823 (23 May 2002)

Adshead v Royal Bank Of Scotland Plc [2002] EWCA Civ 823 (23 May 2002)

The applications for permission to appeal were refused because the court had jurisdiction to transfer proceedings, the orders made were valid, there was no arguable case for appeal, and no evidence of judicial bias or procedural impropriety.

Citation
[2002] EWCA Civ 823
Parties
Claimant/applicant: Eva Christina Wright Adshead; Defendant/respondent: The Royal Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
23 May 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Applications for permission to appeal refused
Legal Topics
Possession Proceedings, Jurisdiction, Transfer of Proceedings, Injunctions, Costs, Joinder of Parties
Civil Procedure Property Law Possession Proceedings Jurisdiction Transfer of Proceedings Injunctions Costs Joinder of Parties

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Parties

Eva Christina Wright Adshead

Claimant/applicant

The Royal Bank of Scotland PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court had jurisdiction to hear possession proceedings
  2. 2 Whether the transfer of proceedings between courts was valid
  3. 3 Whether the orders made by Ferris J should be set aside

Ratio Decidendi

The applications for permission to appeal were refused because the court had jurisdiction to transfer proceedings, the orders made were valid, there was no arguable case for appeal, and no evidence of judicial bias or procedural impropriety.

Court Disposition

Applications for permission to appeal refused

Orders

  • Permission to appeal refused on all grounds
  • Application for permission to appeal to the House of Lords refused