Bradford & Bingley Building Socieity v Harper, estate of [2003] EWCA Civ 216 (24 January 2003)

Bradford & Bingley Building Socieity v Harper, estate of [2003] EWCA Civ 216 (24 January 2003)

The Court of Appeal has no jurisdiction to entertain an application to set aside its own consent order on the grounds of alleged fraud where the issues require factual investigation; such a challenge must be brought by a fresh action in the appropriate first instance court. The application is misconceived and must be dismissed.

Citation
[2003] EWCA Civ 216
Parties
Claimant/respondent: Bradford & Bingley Building Society; Defendant/applicant: Estate of Victor Francis Harper (Deceased)
Jurisdiction
England and Wales
Judgment Date
24 January 2003
Procedural Posture
Civil Appeal / Application to Set Aside Consent Order and for Stay of Possession Pending Appeal
Outcome
Application for permission to appeal refused. Stay of possession granted until 10.00 am on Tuesday 28 January 2003.
Legal Topics
Setting Aside Consent Orders, Fraud on the Court, Mortgage Possession Proceedings, Jurisdiction to Set Aside Orders, Stay of Execution
Civil Procedure Property Law Mortgage Law Setting Aside Consent Orders Fraud on the Court Mortgage Possession Proceedings Jurisdiction to Set Aside Orders Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bradford & Bingley Building Society

Claimant/respondent

Estate of Victor Francis Harper (Deceased)

Defendant/applicant

Procedural Posture

Civil Appeal / Application to Set Aside Consent Order and for Stay of Possession Pending Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to set aside its own consent order on grounds of alleged fraud
  2. 2 Whether the application to set aside the consent order should be entertained or must be brought as a fresh action
  3. 3 Whether a stay of possession should be granted pending further proceedings

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an application to set aside its own consent order on the grounds of alleged fraud where the issues require factual investigation; such a challenge must be brought by a fresh action in the appropriate first instance court. The application is misconceived and must be dismissed.

Court Disposition

Application for permission to appeal refused. Stay of possession granted until 10.00 am on Tuesday 28 January 2003.

Orders

  • Application to set aside consent order refused
  • Stay of possession granted until 10.00 am on Tuesday 28 January 2003