Lloyds Bank PLC v Mealham & Anor [2024] EWHC 2737 (Ch) (29 October 2024)

Lloyds Bank PLC v Mealham & Anor [2024] EWHC 2737 (Ch) (29 October 2024)

The application to set aside the repossession order was dismissed as totally without merit because all grounds had been previously determined or were manifestly unfounded, and the order dispensing with notice was justified due to credible evidence of violence and harassment. An extended civil restraint order was imposed due to Mr Mealham's persistent totally without merit applications and abusive conduct.

Citation
[2024] EWHC 2737 (Ch)
Parties
Claimant: Lloyds Bank plc; First Defendant: Trevor Mealham; Second Defendant: Tracey Alford
Jurisdiction
England and Wales
Judgment Date
29 October 2024
Procedural Posture
Possession Proceedings (property Trusts & Probate) / Application to Set Aside Repossession Order and Application for Civil Restraint Order
Outcome
Application to set aside repossession order dismissed as totally without merit; extended civil restraint order imposed for 3 years; permission to appeal refused.
Legal Topics
Possession Proceedings, Civil Restraint Orders, Applications to Set Aside Orders, Abuse of Process, Harassment and Contempt of Court
Property Law Civil Procedure Possession Proceedings Civil Restraint Orders Applications to Set Aside Orders Abuse of Process Harassment and Contempt of Court

Case Brief

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Parties

Lloyds Bank plc

Claimant

Trevor Mealham

First Defendant

Tracey Alford

Second Defendant

Procedural Posture

Possession Proceedings (property Trusts & Probate) / Application to Set Aside Repossession Order and Application for Civil Restraint Order

Legal Issues

  1. 1 Whether the repossession order should be set aside under CPR 23.10
  2. 2 Whether an extended civil restraint order (ECRO) should be imposed on Mr Mealham

Ratio Decidendi

The application to set aside the repossession order was dismissed as totally without merit because all grounds had been previously determined or were manifestly unfounded, and the order dispensing with notice was justified due to credible evidence of violence and harassment. An extended civil restraint order was imposed due to Mr Mealham's persistent totally without merit applications and abusive conduct.

Court Disposition

Application to set aside repossession order dismissed as totally without merit; extended civil restraint order imposed for 3 years; permission to appeal refused.

Orders

  • Application to set aside repossession order dismissed
  • Extended civil restraint order (ECRO) imposed on Mr Mealham for 3 years