Kensington Mortgage Company Ltd v Carr & Anor

Kensington Mortgage Company Ltd v Carr & Anor

Permission to appeal is granted only on the issue of the £7,500 sum, as Mr Carr may have had public funding and not benefited from that payment. Other grounds for appeal are rejected as they lack merit. The issue of possible improper contact between the claimant's solicitors and the judge is a matter of concern and requires further investigation before the application for permission to appeal is finally determined.

Parties
Claimant/respondent: Kensington Mortgage Company Limited; Defendant/appellant: Mr Carr; Defendant: Mrs Stephanie Carr
Jurisdiction
England and Wales
Judgment Date
16 February 2011
Procedural Posture
Civil Appeal / Second Appeal; Application for Permission to Appeal Adjourned
Outcome
Application for permission to appeal adjourned; permission to appeal already granted on the £7,500 issue; all other grounds refused.
Legal Topics
Mortgage, Subrogation, Unjust Enrichment, Possession Proceedings, Costs, Judicial Conduct
Property Law Equity Civil Procedure Mortgage Subrogation Unjust Enrichment Possession Proceedings Costs +1 more

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Parties

Kensington Mortgage Company Limited

Claimant/respondent

Mr Carr

Defendant/appellant

Mrs Stephanie Carr

Defendant

Procedural Posture

Civil Appeal / Second Appeal; Application for Permission to Appeal Adjourned

Legal Issues

  1. 1 Whether Mr Carr is liable to Kensington Mortgage Company for sums advanced under a mortgage obtained by forgery
  2. 2 Whether Kensington is entitled to subrogation for sums used to discharge prior mortgages
  3. 3 Whether Mr Carr is liable for interest on discharged mortgages

Ratio Decidendi

Permission to appeal is granted only on the issue of the £7,500 sum, as Mr Carr may have had public funding and not benefited from that payment. Other grounds for appeal are rejected as they lack merit. The issue of possible improper contact between the claimant's solicitors and the judge is a matter of concern and requires further investigation before the application for permission to appeal is finally determined.

Court Disposition

Application for permission to appeal adjourned; permission to appeal already granted on the £7,500 issue; all other grounds refused.

Orders

  • Application for permission to appeal adjourned for six weeks to allow investigation of possible improper contact between solicitors and judge.
  • Permission to appeal already granted on the £7,500 issue.