Halifax Plc v Okin

Halifax Plc v Okin

The appellant failed to demonstrate a likelihood of paying the arrears and current instalments within a reasonable period, even considering her new employment and further evidence. Her payment history and inability to keep up with payments, despite employment, justified refusal of a stay and dismissal of the appeal.

Parties
Respondent: Halifax PLC; Appellant: Okin
Jurisdiction
England and Wales
Judgment Date
22 May 2007
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed. Applications for permission to rely on further evidence refused.
Legal Topics
Mortgage Possession, Stay of Execution, Further Evidence on Appeal
Property Law Civil Procedure Mortgage Possession Stay of Execution Further Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Halifax PLC

Respondent

Okin

Appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the appellant should be permitted to rely on further evidence on appeal
  2. 2 Whether the stay of execution of a warrant of possession should have been granted
  3. 3 Whether the appellant is likely to be able to pay mortgage arrears within a reasonable period

Ratio Decidendi

The appellant failed to demonstrate a likelihood of paying the arrears and current instalments within a reasonable period, even considering her new employment and further evidence. Her payment history and inability to keep up with payments, despite employment, justified refusal of a stay and dismissal of the appeal.

Court Disposition

Appeal dismissed. Applications for permission to rely on further evidence refused.

Orders

  • Applications for permission to rely on further evidence refused.
  • Appeal dismissed.