Bank of Scotland v Pereira & Ors [2011] EWCA Civ 241 (09 March 2011)

Bank of Scotland v Pereira & Ors [2011] EWCA Civ 241 (09 March 2011)

Ms Pereira failed to act promptly and had no good reason for not attending the original hearing; therefore, her application to set aside under CPR 39.3 was correctly refused. Her application for permission to appeal out of time was also refused due to extraordinary delay, lack of compelling justification, and the importance of finality for the respondents.

Citation
[2011] EWCA Civ 241
Parties
Claimant: Bank of Scotland; 1st Defendant Appellant: Juliana Pereira; 2nd Defendant Respondent: Howard Pain; 3rd Defendant Respondent: Linda Pain
Jurisdiction
England and Wales
Judgment Date
09 March 2011
Procedural Posture
Civil Appeal / Appeal From County Court Decisions to the Court of Appeal
Outcome
Appeal dismissed; application for extension of time refused.
Legal Topics
Setting Aside Judgment in Absence, CPR 39.3 Applications, Appeal Out of Time, Fraudulent Misrepresentation, Rescission of Contract, Rectification of Land Register
Civil Procedure Property Law Contract Law Setting Aside Judgment in Absence CPR 39.3 Applications Appeal Out of Time Fraudulent Misrepresentation Rescission of Contract +1 more

Case Brief

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Parties

Bank of Scotland

Claimant

Juliana Pereira

1st Defendant Appellant

Howard Pain

2nd Defendant Respondent

Linda Pain

3rd Defendant Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decisions to the Court of Appeal

Legal Issues

  1. 1 Whether the refusal to set aside judgment under CPR 39.3 was correct
  2. 2 Whether permission to appeal out of time against the original order should be granted
  3. 3 Whether the original order for rescission, rectification, and damages was justified

Ratio Decidendi

Ms Pereira failed to act promptly and had no good reason for not attending the original hearing; therefore, her application to set aside under CPR 39.3 was correctly refused. Her application for permission to appeal out of time was also refused due to extraordinary delay, lack of compelling justification, and the importance of finality for the respondents.

Court Disposition

Appeal dismissed; application for extension of time refused.

Orders

  • Ms Pereira's appeal against Judge Ellis's refusal to set aside the Order is dismissed.
  • Ms Pereira's application for permission to appeal out of time against Judge Milligan's Order is refused.