Mortgage Express v Butcher & Anor

Mortgage Express v Butcher & Anor

Mortgage Express was refused an extension of time for appealing because it had initially confirmed it would not appeal, causing the respondent to rely on that assurance, and only sought to appeal after the deadline had expired and in a manner conditional on unrelated litigation, contrary to the requirements of the Civil Procedure Rules and the Overriding Objective.

Parties
Appellant: Mortgage Express; 1st Respondent: Clinton James Butcher; 2nd Respondent: Anthony Martin
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Civil Appeal / Application for Extension of Time and Permission to Appeal—dismissal
Outcome
Application for extension of time and permission to appeal dismissed
Legal Topics
Equitable Interests, Priority of Charges, Extension of Time for Appeal, Overriding Objective, Civil Procedure Rules
Land Law Equity Civil Procedure Equitable Interests Priority of Charges Extension of Time for Appeal Overriding Objective Civil Procedure Rules

Case Brief

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Parties

Mortgage Express

Appellant

Clinton James Butcher

1st Respondent

Anthony Martin

2nd Respondent

Procedural Posture

Civil Appeal / Application for Extension of Time and Permission to Appeal—dismissal

Legal Issues

  1. 1 Whether the second respondent's equitable right to occupy the property has priority over the appellant's charge
  2. 2 Whether the appellant should be granted an extension of time and permission to appeal

Ratio Decidendi

Mortgage Express was refused an extension of time for appealing because it had initially confirmed it would not appeal, causing the respondent to rely on that assurance, and only sought to appeal after the deadline had expired and in a manner conditional on unrelated litigation, contrary to the requirements of the Civil Procedure Rules and the Overriding Objective.

Court Disposition

Application for extension of time and permission to appeal dismissed

Orders

  • Mortgage Express's application for extension of time for appealing is refused.
  • Mortgage Express's application for permission to appeal is refused.