Harris, Re (Puisne mortgage) [2021] EWHC 1771 (Ch) (27 April 2021)

Harris, Re (Puisne mortgage) [2021] EWHC 1771 (Ch) (27 April 2021)

Permission to issue a Part 8 claim without naming a defendant cannot be granted due to unresolved doubts about jurisdiction, procedural fairness, and potential incompatibility with Convention rights. The matter requires further argument before a final decision.

Citation
[2021] EWHC 1771 (Ch)
Parties
Applicant: Mrs Joyce Harris; Litigation Friend: Bonita White
Jurisdiction
England and Wales
Judgment Date
27 April 2021
Procedural Posture
Part 8 Claim (property Trusts and Probate) / Application for Permission to Issue Claim Without Naming a Defendant
Outcome
Permission to issue claim without naming a defendant refused at this stage; further hearing directed.
Legal Topics
Land Charges, Unregistered Land, Puisne Mortgage, Capacity to Litigate, Litigation Friend, Human Rights (echr)
Property Law Civil Procedure Land Charges Unregistered Land Puisne Mortgage Capacity to Litigate Litigation Friend Human Rights (echr)

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Parties

Mrs Joyce Harris

Applicant

Bonita White

Litigation Friend

Procedural Posture

Part 8 Claim (property Trusts and Probate) / Application for Permission to Issue Claim Without Naming a Defendant

Legal Issues

  1. 1 Whether the court can permit issuing a Part 8 claim for vacation of a land charge without naming a defendant
  2. 2 Whether the court has jurisdiction to vacate a land charge where the chargee cannot be identified
  3. 3 Whether such an order would be compatible with Article 1 of Protocol 1 ECHR

Ratio Decidendi

Permission to issue a Part 8 claim without naming a defendant cannot be granted due to unresolved doubts about jurisdiction, procedural fairness, and potential incompatibility with Convention rights. The matter requires further argument before a final decision.

Court Disposition

Permission to issue claim without naming a defendant refused at this stage; further hearing directed.

Orders

  • Putative litigation friend to appear by counsel for further argument before the court.
  • Hearing to be conducted remotely by MS Teams as soon as convenient.