Bland v Ingram's Estates Ltd & Ors [2001] EWCA Civ 1594 (18 October 2001)

Bland v Ingram's Estates Ltd & Ors [2001] EWCA Civ 1594 (18 October 2001)

A stay of execution of the order granting relief from forfeiture is appropriate pending the House of Lords' decision on the petition for permission to appeal by Ingram's Estates Ltd, as the respondents may be affected by any subsequent order. Only the Beers and their trustees in bankruptcy, not the Uddins, have...

Source-derived case information.

Citation
[2001] EWCA Civ 1594
Parties
Claimant/appellant: Davinia Patricia Bland; Defendant/respondent: Ingram's Estates Limited; Defendant/respondent: Fogir Uddin; Defendant/respondent: Ripon Chowdhery Fogir
Jurisdiction
England and Wales
Judgment Date
18 October 2001
Procedural Posture
Civil Appeal / Post Judgment Application to Settle Order
Outcome
Stay granted on execution of relief from forfeiture order pending House of Lords' decision on permission to appeal; liberty to apply granted to Mrs Bland and to Beers/trustees regarding sale conduct.
Legal Topics
Relief From Forfeiture, Equitable Charge, Stay of Execution, Liberty to Apply, Sale of Leasehold Property
Property Law Landlord and Tenant Equity Relief From Forfeiture Equitable Charge Stay of Execution Liberty to Apply Sale of Leasehold Property

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Parties

Davinia Patricia Bland

Claimant/appellant

Ingram's Estates Limited

Defendant/respondent

Fogir Uddin

Defendant/respondent

Ripon Chowdhery Fogir

Defendant/respondent

Procedural Posture

Civil Appeal / Post Judgment Application to Settle Order

Legal Issues

  1. 1 Whether to stay relief from forfeiture pending House of Lords petition
  2. 2 Whether defendants should have liberty to apply regarding conduct of sale

Ratio Decidendi

A stay of execution of the order granting relief from forfeiture is appropriate pending the House of Lords' decision on the petition for permission to appeal by Ingram's Estates Ltd, as the respondents may be affected by any subsequent order. Only the Beers and their trustees in bankruptcy, not the Uddins, have liberty to apply regarding the conduct of the sale.

Court Disposition

Stay granted on execution of relief from forfeiture order pending House of Lords' decision on permission to appeal; liberty to apply granted to Mrs Bland and to Beers/trustees regarding sale conduct.

Orders

  • Stay on execution of relief from forfeiture order pending House of Lords' decision on permission to appeal by Ingram's Estates Ltd.
  • No stay on assessment of costs; assessment to proceed diligently.