Barclays Bank Plc v Rowley & Anor [2001] EWCA Civ 2040 (19 December 2001)

Barclays Bank Plc v Rowley & Anor [2001] EWCA Civ 2040 (19 December 2001)

Applicants deliberately chose procedural routes to delay proceedings and failed to provide good reason for non-attendance or delay; no grounds to extend time for appeal or grant permission.

Citation
[2001] EWCA Civ 2040
Parties
Claimant/respondent: Barclays Bank PLC; Defendant/applicant: Keith Rowley; Defendant/applicant: Susan Rowley
Jurisdiction
England and Wales
Judgment Date
19 December 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
applications dismissed
Legal Topics
Mortgage Possession, Delay Tactics, Extension of Time, Absence at Trial, Consumer Credit Act 1974
Civil Procedure Property Law Mortgage Possession Delay Tactics Extension of Time Absence at Trial Consumer Credit Act 1974

Case Brief

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Parties

Barclays Bank PLC

Claimant/respondent

Keith Rowley

Defendant/applicant

Susan Rowley

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether time for appealing from the order of 5 April 2001 should be extended
  2. 2 Whether permission to appeal should be granted
  3. 3 Whether the trial could properly proceed in the absence of the defendants

Ratio Decidendi

Applicants deliberately chose procedural routes to delay proceedings and failed to provide good reason for non-attendance or delay; no grounds to extend time for appeal or grant permission.

Court Disposition

applications dismissed

Orders

  • application for extension of time refused
  • application for permission to appeal refused