Santander PLC v Anthony Harris

Santander PLC v Anthony Harris

The delay in seeking permission to appeal was serious and significant, caused by the appellant's choice to prioritise other litigation, not by health or pandemic. The grounds of appeal lacked clear and obvious merit, and fraud allegations related to third parties. Compliance with procedural rules and finality of litigation outweighed any justification for extension. The application to set aside the refusal to extend time was dismissed.

Parties
Respondent: Santander PLC; Appellant: Anthony Harris
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Application to Set Aside/vary Order Refusing Extension of Time to Appeal
Outcome
application dismissed
Legal Topics
Extension of Time, Relief From Sanctions, Appeal Procedure, Possession Proceedings, Mortgage Arrears, Section 146 Notices, Service Charges, IVA Impact
Civil Procedure Property Law Mortgage Law Extension of Time Relief From Sanctions Appeal Procedure Possession Proceedings Mortgage Arrears +3 more

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Parties

Santander PLC

Respondent

Anthony Harris

Appellant

Procedural Posture

Appeal / Application to Set Aside/vary Order Refusing Extension of Time to Appeal

Legal Issues

  1. 1 Whether the appellant should be granted an extension of time to appeal against the possession and money judgment order
  2. 2 Whether new evidence justifies setting aside the refusal to extend time
  3. 3 Whether the appellant's delay was excusable under CPR 3.9 and Denton principles

Ratio Decidendi

The delay in seeking permission to appeal was serious and significant, caused by the appellant's choice to prioritise other litigation, not by health or pandemic. The grounds of appeal lacked clear and obvious merit, and fraud allegations related to third parties. Compliance with procedural rules and finality of litigation outweighed any justification for extension. The application to set aside the refusal to extend time was dismissed.

Court Disposition

application dismissed

Orders

  • Order of Sir Stephen Stewart refusing extension of time to appeal is not set aside.
  • No stay of enforcement granted.