Alliance & Leicester Plc v Slayford & Anor [2000] EWCA Civ 257 (12 October 2000)

Alliance & Leicester Plc v Slayford & Anor [2000] EWCA Civ 257 (12 October 2000)

There is no abuse of process in the Bank pursuing a money judgment against Mr. Slayford after failed possession proceedings, as the law permits mortgagees to pursue concurrent or successive remedies. The short delay in serving the Notice of Appeal caused no prejudice and did not justify denying the Bank the opportunity to appeal.

Citation
[2000] EWCA Civ 257
Parties
Claimant: Alliance and Leicester plc; Defendant: Charles Slayford; Defendant: Susan Slayford
Jurisdiction
England and Wales
Judgment Date
12 October 2000
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Abuse of Process, Mortgage Enforcement, Extension of Time, Bankruptcy, Human Rights (article 6 Echr)
Property Law Civil Procedure Banking Law Abuse of Process Mortgage Enforcement Extension of Time Bankruptcy Human Rights (article 6 Echr)

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Parties

Alliance and Leicester plc

Claimant

Charles Slayford

Defendant

Susan Slayford

Defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the Bank's pursuit of a money judgment after failed possession proceedings constitutes an abuse of process
  2. 2 Whether the extension of time for service of Notice of Appeal should be set aside

Ratio Decidendi

There is no abuse of process in the Bank pursuing a money judgment against Mr. Slayford after failed possession proceedings, as the law permits mortgagees to pursue concurrent or successive remedies. The short delay in serving the Notice of Appeal caused no prejudice and did not justify denying the Bank the opportunity to appeal.

Court Disposition

Appeal allowed

Orders

  • Order of Judge Brant set aside
  • Order of District Judge Gypps restored