Lloyds TSB Bank Plc v Bennett & Anor [2001] EWCA Civ 1403 (18 September 2001)

Lloyds TSB Bank Plc v Bennett & Anor [2001] EWCA Civ 1403 (18 September 2001)

The judge was entitled to refuse a further adjournment given the latitude already allowed, the absence of direct evidence explaining Mrs Bennett's non-attendance, and the history of the case; the exercise of discretion was not unreasonable or wrong.

Source-derived case information.

Citation
[2001] EWCA Civ 1403
Parties
Claimant/respondent: Lloyds TSB Bank PLC; Defendant/applicant: Benjamin Andrew Bennett; Defendant/applicant: Gro Kristina Bennett
Jurisdiction
England and Wales
Judgment Date
18 September 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Mortgage Enforcement, Adjournment Discretion, All Monies Charge
Property Law Civil Procedure Mortgage Enforcement Adjournment Discretion All Monies Charge

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lloyds TSB Bank PLC

Claimant/respondent

Benjamin Andrew Bennett

Defendant/applicant

Gro Kristina Bennett

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge wrongly exercised discretion in refusing an adjournment
  2. 2 Whether the legal charge was an all monies charge or limited to £15,000

Ratio Decidendi

The judge was entitled to refuse a further adjournment given the latitude already allowed, the absence of direct evidence explaining Mrs Bennett's non-attendance, and the history of the case; the exercise of discretion was not unreasonable or wrong.

Court Disposition

application for permission to appeal refused

Orders

  • permission to appeal refused