AIB Group (UK) Plc v Turner & Ors [2016] EWHC 219 (Ch) (2 February 2016)

AIB Group (UK) Plc v Turner & Ors [2016] EWHC 219 (Ch) (2 February 2016)

The Bank is entitled to possession of the Cottage against Maxine Turner, removal of registration of interest, and to recover 80% of its costs from Maxine Turner, with costs to be added to its mortgage security under the contractual terms of the mortgage dated 11 October 2005.

Citation
[2016] EWHC 219 (Ch)
Parties
Claimant: AIB Group (UK) PLC; Defendant: Mr Stuart Harold Turner; Defendant: Mrs Erica Turner; Defendant: Miss Maxine Hayley Turner-Hankinson; Part 20 Claimant: Miss Maxine Hayley Turner-Hankinson; Part 20 Defendant: AIB Group (UK) PLC; Part 20 Defendant: Mr Stuart Harold Turner; Part 20 Defendant: Mrs Erica Turner
Jurisdiction
England and Wales
Judgment Date
02 February 2016
Procedural Posture
Chancery Division Civil Claim and Part 20 Claim / Post Trial Further Judgment and Orders
Outcome
Counterclaim dismissed; possession order granted; registration of interest removed; costs awarded; costs to be added to mortgage security.
Legal Topics
Possession Proceedings, Counterclaim, Costs, Mortgage Enforcement, Deed of Consent, Registration of Interest
Property Law Mortgage Law Civil Procedure Possession Proceedings Counterclaim Costs Mortgage Enforcement Deed of Consent +1 more

Case Brief

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Parties

AIB Group (UK) PLC

Claimant

Mr Stuart Harold Turner

Defendant

Mrs Erica Turner

Defendant

Miss Maxine Hayley Turner-Hankinson

Defendant

Miss Maxine Hayley Turner-Hankinson

Part 20 Claimant

AIB Group (UK) PLC

Part 20 Defendant

Mr Stuart Harold Turner

Part 20 Defendant

Mrs Erica Turner

Part 20 Defendant

Procedural Posture

Chancery Division Civil Claim and Part 20 Claim / Post Trial Further Judgment and Orders

Legal Issues

  1. 1 Entitlement to possession order against Maxine Turner
  2. 2 Removal of registration of interest
  3. 3 Allocation and quantification of costs

Ratio Decidendi

The Bank is entitled to possession of the Cottage against Maxine Turner, removal of registration of interest, and to recover 80% of its costs from Maxine Turner, with costs to be added to its mortgage security under the contractual terms of the mortgage dated 11 October 2005.

Court Disposition

Counterclaim dismissed; possession order granted; registration of interest removed; costs awarded; costs to be added to mortgage security.

Orders

  • Dismissal of Maxine Turner's counterclaim and judgment for the Bank.
  • Dismissal of the Bank's strike-out application.