Freeguard v Royal Bank of Scotland

Freeguard v Royal Bank of Scotland

The Court of Appeal refused permission to appeal because it lacked jurisdiction to entertain an appeal from a refusal to reopen a first instance decision under CPR 52.17, and there was no compelling reason or important point of principle to justify a second appeal regarding the amendment of the particulars of claim.

Parties
Applicant/claimant: Margo Ann Freeguard; Respondent/defendant: Royal Bank of Scotland
Jurisdiction
England and Wales
Judgment Date
07 April 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Applications refused
Legal Topics
Striking Out of Claim, Reopening of Judgments, Mortgagee's Duty of Care, Sale at Undervalue, Malicious Falsehood, Slander of Title, Jurisdiction of Appellate Courts
Civil Procedure Banking Law Property Law Striking Out of Claim Reopening of Judgments Mortgagee's Duty of Care Sale at Undervalue Malicious Falsehood +2 more

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Parties

Margo Ann Freeguard

Applicant/claimant

Royal Bank of Scotland

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain an appeal from a refusal to reopen a first instance decision under CPR 52.17
  2. 2 Whether permission should be granted for a second appeal to amend particulars of claim to include claims relating to the Back Land and malicious falsehood/slander of title

Ratio Decidendi

The Court of Appeal refused permission to appeal because it lacked jurisdiction to entertain an appeal from a refusal to reopen a first instance decision under CPR 52.17, and there was no compelling reason or important point of principle to justify a second appeal regarding the amendment of the particulars of claim.

Court Disposition

Applications refused

Orders

  • Permission to appeal refused for both applications
  • No order as to costs