Barclays Bank v Rowley & Anor

Barclays Bank v Rowley & Anor

The application to set aside the order of 26th January 2004 was misconceived as section 50 Law of Property Act 1925 permits orders without notice, the order did not affect the Rowleys' substantive rights, and any disputes over accounting or entitlement to proceeds must be pursued separately. There was no prospect of success in the application.

Parties
Claimant/respondent: Barclays Bank plc; Defendant/applicant: Keith Rowley; Defendant/applicant: Susan Rowley; Interested Party: Halifax plc
Jurisdiction
England and Wales
Judgment Date
01 December 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Mortgagee Possession, Section 50 Law of Property Act, Setting Aside Orders, Notice Requirements, Accounting Between Mortgagees
Property Law Civil Procedure Mortgagee Possession Section 50 Law of Property Act Setting Aside Orders Notice Requirements Accounting Between Mortgagees

Case Brief

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Parties

Barclays Bank plc

Claimant/respondent

Keith Rowley

Defendant/applicant

Susan Rowley

Defendant/applicant

Halifax plc

Interested Party

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the order of 26th January 2004 under section 50 Law of Property Act 1925 should be set aside for want of notice to the Rowleys
  2. 2 Whether the application to set aside had any prospect of success
  3. 3 Whether the Rowleys' rights against Barclays or Halifax were affected by the order

Ratio Decidendi

The application to set aside the order of 26th January 2004 was misconceived as section 50 Law of Property Act 1925 permits orders without notice, the order did not affect the Rowleys' substantive rights, and any disputes over accounting or entitlement to proceeds must be pursued separately. There was no prospect of success in the application.

Court Disposition

application dismissed

Orders

  • application dismissed
  • no order as to costs