Lloyds Bank Plc v Dix & Anor [2000] EWCA Civ 269 (26 October 2000)

Lloyds Bank Plc v Dix & Anor [2000] EWCA Civ 269 (26 October 2000)

Refusal to adjourn did not materially affect outcome; appellants' case incapable of defeating bank's claim for possession and money judgment limited to equity value; procedural fairness satisfied given inevitable result.

Citation
[2000] EWCA Civ 269
Parties
Claimant: Claimant Bank; Defendants: Mr Dix and Mrs Dix
Jurisdiction
England and Wales
Judgment Date
26 October 2000
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Mortgage Possession, Guarantee Liability, Adjournment Refusal, Fair Trial Under ECHR
Property Law Contract Law Civil Procedure Mortgage Possession Guarantee Liability Adjournment Refusal Fair Trial Under ECHR

Case Brief

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Parties

Claimant Bank

Claimant

Mr Dix and Mrs Dix

Defendants

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether refusal to adjourn deprived appellants of fair trial
  2. 2 Validity of bank's legal charge
  3. 3 Effect of alleged agreements and repudiation

Ratio Decidendi

Refusal to adjourn did not materially affect outcome; appellants' case incapable of defeating bank's claim for possession and money judgment limited to equity value; procedural fairness satisfied given inevitable result.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Money judgment to be amended to equity value if not otherwise agreed