AIB Group (UK) Plc v Turner & Ors

AIB Group (UK) Plc v Turner & Ors

The Bank is entitled to possession against Maxine Turner as her counterclaim is dismissed and she has no defence; the Bank is entitled to add its costs to the mortgage security under the express terms of the mortgage; costs payable by Maxine Turner to the Bank are reduced to 80% to reflect partial success and the failed strike-out application.

Parties
Claimant: AIB Group (UK) PLC; Defendant: Mr Stuart Harold Turner; Defendant: Mrs Erica Turner; Defendant/part 20 Claimant: Miss Maxine Hayley Turner-Hankinson
Jurisdiction
England and Wales
Judgment Date
02 February 2016
Procedural Posture
Civil / Further Judgment After Trial and Submissions on Costs and Orders
Outcome
Judgment for the Bank; counterclaim dismissed; possession order granted; costs order made; registration of interest to be removed.
Legal Topics
Mortgage Enforcement, Possession Proceedings, Costs Orders, Counterclaims, Registration of Interests
Property Law Civil Procedure Mortgage Enforcement Possession Proceedings Costs Orders Counterclaims Registration of Interests

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/part 20 Claimant

Procedural Posture

Civil / Further Judgment After Trial and Submissions on Costs and Orders

Legal Issues

  1. 1 Whether the Bank is entitled to possession of the property against Maxine Turner
  2. 2 Whether the Bank can add its costs to the mortgage security
  3. 3 Appropriate costs order between the Bank and Maxine Turner

Ratio Decidendi

The Bank is entitled to possession against Maxine Turner as her counterclaim is dismissed and she has no defence; the Bank is entitled to add its costs to the mortgage security under the express terms of the mortgage; costs payable by Maxine Turner to the Bank are reduced to 80% to reflect partial success and the failed strike-out application.

Court Disposition

Judgment for the Bank; counterclaim dismissed; possession order granted; costs order made; registration of interest to be removed.

Orders

  • Maxine Turner's counterclaim dismissed; judgment for the Bank on the counterclaim.
  • Bank's strike-out application dismissed.