Bradford & Bingley Building Socieity v Harper, estate of

Bradford & Bingley Building Socieity v Harper, estate of

The Court of Appeal cannot entertain the application to set aside the consent order on the grounds advanced; such an application must be brought by separate action in the appropriate court. The application is misconceived and must be dismissed.

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
Outcome
Application for permission to appeal refused
Legal Topics
Setting Aside Consent Orders, Fraud on the Court, Possession Proceedings, Mortgage Arrears, Jurisdiction of Appellate Courts
Civil Procedure Property Law Mortgage Law Setting Aside Consent Orders Fraud on the Court Possession Proceedings Mortgage Arrears Jurisdiction of Appellate Courts

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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

Legal Issues

  1. 1 Whether the Court of Appeal can set aside a consent order on grounds of fraud
  2. 2 Whether the application should be brought by separate action
  3. 3 Whether a stay of possession should be granted

Ratio Decidendi

The Court of Appeal cannot entertain the application to set aside the consent order on the grounds advanced; such an application must be brought by separate action in the appropriate court. The application is misconceived and must be dismissed.

Court Disposition

Application for permission to appeal refused

Orders

  • Stay of possession granted until 10.00 am on Tuesday 28 January 2003
  • Civil Appeal Office to inform respondent's solicitors of the refusal of permission and the terms of the stay