National Westminister Bank Plc v Kitch [2001] EWCA Civ 743 (9 May 2001)

National Westminister Bank Plc v Kitch [2001] EWCA Civ 743 (9 May 2001)

There is no conflict between Article 6 ECHR and CPR 24; summary judgment is appropriate where there is no real prospect of defence. The applicant owed money secured by a charge, and the proceeds of sale were insufficient to discharge both debts. The refusal to grant a stay of execution was a proper exercise of judicial discretion given the lack of merit in the appeal.

Citation
[2001] EWCA Civ 743
Parties
Claimant/respondent: National Westminister Bank PLC; Defendant/applicant: John Stephen Kitch
Jurisdiction
England and Wales
Judgment Date
09 May 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal Orders of the County Court
Outcome
Permission to appeal refused
Legal Topics
Summary Judgment, Possession Proceedings, Stay of Execution, Human Rights (article 6 Echr), Bankruptcy
Civil Procedure Banking Law Summary Judgment Possession Proceedings Stay of Execution Human Rights (article 6 Echr) Bankruptcy

Case Brief

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Parties

National Westminister Bank PLC

Claimant/respondent

John Stephen Kitch

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Orders of the County Court

Legal Issues

  1. 1 Whether CPR 24 is incompatible with Article 6 ECHR
  2. 2 Whether the applicant's defence was properly struck out
  3. 3 Whether refusal to grant a stay of execution was lawful

Ratio Decidendi

There is no conflict between Article 6 ECHR and CPR 24; summary judgment is appropriate where there is no real prospect of defence. The applicant owed money secured by a charge, and the proceeds of sale were insufficient to discharge both debts. The refusal to grant a stay of execution was a proper exercise of judicial discretion given the lack of merit in the appeal.

Court Disposition

Permission to appeal refused

Orders

  • Applications refused
  • No order for costs