Santander UK Plc v Wells & Anor

Santander UK Plc v Wells & Anor

The application by Graham Mervyn Wells is an abuse of process as he had ample opportunity to raise his complaints about the 2014 loan agreement with Hertford in earlier proceedings but failed to do so without adequate explanation. Allowing him to intervene now would be improper and contrary to the efficient administration of justice.

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
Civil / Application for Permission to File Out of Time and Intervene
Outcome
Application refused
Legal Topics
Abuse of Process, Intervention, Consumer Credit Act, Priority of Charges, Possession Proceedings
Civil Procedure Consumer Credit Abuse of Process Intervention Consumer Credit Act Priority of Charges Possession Proceedings

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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

Civil / Application for Permission to File Out of Time and Intervene

Legal Issues

  1. 1 Whether Graham Mervyn Wells should be granted permission to file out of time an application notice, witness statement, and Points in Answer
  2. 2 Whether Graham Mervyn Wells can intervene to raise complaints under the Consumer Credit Act 1974 regarding the Hertford loan agreement
  3. 3 Whether the application constitutes an abuse of process

Ratio Decidendi

The application by Graham Mervyn Wells is an abuse of process as he had ample opportunity to raise his complaints about the 2014 loan agreement with Hertford in earlier proceedings but failed to do so without adequate explanation. Allowing him to intervene now would be improper and contrary to the efficient administration of justice.

Court Disposition

Application refused

Orders

  • Application by Graham Mervyn Wells to file out of time and intervene is refused