Treppass v Hurst & Anor [2001] EWCA Civ 1514 (5 October 2001)

Treppass v Hurst & Anor [2001] EWCA Civ 1514 (5 October 2001)

There were no substantive grounds or new evidence to justify a stay of execution or to set aside the Deed of Settlement. All relevant issues had been previously determined, and the applicant's arguments were without merit. The application was dismissed as having no prospect of success.

Citation
[2001] EWCA Civ 1514
Parties
Claimant/respondent: Nicholas James Treppass; Defendant/appellant: Robert Alfred Hurst; Defendant/appellant: Ann Stephanie Hurst
Jurisdiction
England and Wales
Judgment Date
05 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal Against Order Refusing Stay of Execution of Possession Order
Outcome
Application dismissed
Legal Topics
Stay of Execution, Possession Order, Costs Orders, Charging Order, Deed of Settlement, Bankruptcy, Litigant in Person
Civil Procedure Property Law Bankruptcy Stay of Execution Possession Order Costs Orders Charging Order Deed of Settlement +1 more

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Parties

Nicholas James Treppass

Claimant/respondent

Robert Alfred Hurst

Defendant/appellant

Ann Stephanie Hurst

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Against Order Refusing Stay of Execution of Possession Order

Legal Issues

  1. 1 Whether a stay of execution of a possession order should be granted pending further investigation of alleged impropriety in obtaining costs orders
  2. 2 Whether the Deed of Settlement can be set aside based on alleged dishonesty
  3. 3 Whether the applicant has any substantive grounds to challenge the costs orders or possession order

Ratio Decidendi

There were no substantive grounds or new evidence to justify a stay of execution or to set aside the Deed of Settlement. All relevant issues had been previously determined, and the applicant's arguments were without merit. The application was dismissed as having no prospect of success.

Court Disposition

Application dismissed