Lloyds Bank PLC v Trevor Mealham & Anor

Lloyds Bank PLC v Trevor Mealham & Anor

The application to set aside the repossession order was dismissed as totally without merit because all grounds raised had already been determined or were not proper grounds under CPR 23.10. The imposition of an extended civil restraint order was justified due to Mr Mealham's persistent meritless applications and abusive conduct.

Parties
Claimant: Lloyds Bank plc; First Defendant: Trevor Mealham; Second Defendant: Tracey Alford
Jurisdiction
England and Wales
Judgment Date
29 October 2024
Procedural Posture
Civil Property/repossession / Application to Set Aside Repossession Order and Application for Civil Restraint Order
Outcome
Application to set aside repossession order dismissed; extended civil restraint order (ECRO) imposed for 3 years; permission to appeal refused.
Legal Topics
Repossession, Civil Restraint Orders, Due Process, Harassment, Abuse of Process
Civil Procedure Property Law Repossession Civil Restraint Orders Due Process Harassment Abuse of Process

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Parties

Lloyds Bank plc

Claimant

Trevor Mealham

First Defendant

Tracey Alford

Second Defendant

Procedural Posture

Civil Property/repossession / 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 a 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 raised had already been determined or were not proper grounds under CPR 23.10. The imposition of an extended civil restraint order was justified due to Mr Mealham's persistent meritless applications and abusive conduct.

Court Disposition

Application to set aside repossession order dismissed; extended civil restraint order (ECRO) imposed for 3 years; permission to appeal refused.

Orders

  • Dismissal of Mr Mealham's application to set aside repossession order
  • Imposition of an extended civil restraint order (ECRO) against Mr Mealham for 3 years