Santander UK Plc v Wells & Anor [2017] EWHC 2413 (Ch) (05 October 2017)

Santander UK Plc v Wells & Anor [2017] EWHC 2413 (Ch) (05 October 2017)

The application by Graham Mervyn Wells is an abuse of process because he had multiple opportunities to raise his complaints about the Hertford loan agreement in earlier proceedings and failed to do so without adequate explanation. Allowing the application now would be unfair and contrary to the efficient administration of justice.

Citation
[2017] EWHC 2413 (Ch)
Parties
Claimant: Santander UK PLC; Defendant: Clive Roger Wells; Defendant: Graham Mervyn Wells; Intervener: Hertford Solutions LLP; Intervener: Philip Thomas Chave
Jurisdiction
England and Wales
Judgment Date
05 October 2017
Procedural Posture
Chancery Division Civil Claim / Application by Second Defendant for Permission to File Out of Time
Outcome
Application refused
Legal Topics
Abuse of Process, Intervention Applications, Priority of Charges, Consumer Credit Act 1974, Possession Proceedings
Civil Procedure Property Law Consumer Credit Abuse of Process Intervention Applications Priority of Charges Consumer Credit Act 1974 Possession Proceedings

Case Brief

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Parties

Santander UK PLC

Claimant

Clive Roger Wells

Defendant

Graham Mervyn Wells

Defendant

Hertford Solutions LLP

Intervener

Philip Thomas Chave

Intervener

Procedural Posture

Chancery Division Civil Claim / Application by Second Defendant for Permission to File Out of Time

Legal Issues

  1. 1 Whether Graham Mervyn Wells should be granted permission to file out of time an application notice, second witness statement, and Points in Answer
  2. 2 Whether the application constitutes an abuse of process
  3. 3 Whether the Consumer Credit Act 1974 claim can be raised at this stage

Ratio Decidendi

The application by Graham Mervyn Wells is an abuse of process because he had multiple opportunities to raise his complaints about the Hertford loan agreement in earlier proceedings and failed to do so without adequate explanation. Allowing the application now would be unfair and contrary to the efficient administration of justice.

Court Disposition

Application refused

Orders

  • Application by Graham Mervyn Wells for permission to file out of time is refused
  • Proceedings in the High Court are concluded; any further application under the Consumer Credit Act 1974 should be made to the County Court