Scottish Widows Fund & Life Assurance Society v Weller & Anor [2002] EWCA Civ 384 (26 February 2002)

Scottish Widows Fund & Life Assurance Society v Weller & Anor [2002] EWCA Civ 384 (26 February 2002)

Neither of the criteria in CPR 52.13(2) for granting permission to appeal a second-tier appeal are met; the proposed appeal has no real prospect of success; the consent order is binding and subsequent arguments or potential claims do not affect the validity of the possession order.

Source-derived case information.

Citation
[2002] EWCA Civ 384
Parties
Claimant: Scottish Widows Fund & Life Assurance Society; Defendant: Dennis John Weller; Defendant: June Rosalind Weller
Jurisdiction
England and Wales
Judgment Date
26 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Tier)
Outcome
Application for permission to appeal refused; application for stay of possession order refused.
Legal Topics
Possession Proceedings, Appeals, Consent Orders, Stay of Execution
Civil Procedure Property Law Possession Proceedings Appeals Consent Orders Stay of Execution

Source-derived case record

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Parties

Scottish Widows Fund & Life Assurance Society

Claimant

Dennis John Weller

Defendant

June Rosalind Weller

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Tier)

Legal Issues

  1. 1 Whether permission to appeal should be granted for a second-tier appeal under CPR 52.13
  2. 2 Whether there is an important point of principle or compelling reason for the appeal
  3. 3 Whether the consent order of 15 May 2000 was valid and binding

Ratio Decidendi

Neither of the criteria in CPR 52.13(2) for granting permission to appeal a second-tier appeal are met; the proposed appeal has no real prospect of success; the consent order is binding and subsequent arguments or potential claims do not affect the validity of the possession order.

Court Disposition

Application for permission to appeal refused; application for stay of possession order refused.

Orders

  • Application dismissed with costs.
  • Costs summarily assessed in the sum of £1795.40, including VAT.