First Plus Financial Group Plc v Pithers

First Plus Financial Group Plc v Pithers

The application for permission to appeal is refused because the case raises no important point of principle or practice, nor any compelling reason for the Court of Appeal to hear a second appeal. The facts are specific to the parties and the arrears situation, and the judge below was entitled to reach his conclusion.

Parties
Applicant: First Plus Financial Group PLC; Respondent: Malcolm Pithers
Jurisdiction
England and Wales
Judgment Date
16 January 2013
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Application refused
Legal Topics
Mortgage Possession, Appeals Process, Second Appeals, Stay of Execution
Property Law Civil Procedure Mortgage Possession Appeals Process Second Appeals Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

First Plus Financial Group PLC

Applicant

Malcolm Pithers

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether permission should be granted for a second appeal against a possession order based on mortgage arrears
  2. 2 Whether the appeal raises an important point of principle or practice or any other compelling reason

Ratio Decidendi

The application for permission to appeal is refused because the case raises no important point of principle or practice, nor any compelling reason for the Court of Appeal to hear a second appeal. The facts are specific to the parties and the arrears situation, and the judge below was entitled to reach his conclusion.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • Stay of execution to continue until disposal of this application