Barnes v Woolwich Plc & Ors [2001] EWCA Civ 1470 (18 September 2001)

Barnes v Woolwich Plc & Ors [2001] EWCA Civ 1470 (18 September 2001)

There was no basis to reinstate the dismissed applications for permission to appeal, nor any pending or appropriate reference to the European Court of Justice. No grounds existed to stay the execution of the possession order.

Citation
[2001] EWCA Civ 1470
Parties
Applicant: Peter Michael Barnes; Respondents: Woolwich PLC & Others
Jurisdiction
England and Wales
Judgment Date
18 September 2001
Procedural Posture
Civil Appeal / Application to Reinstate Dismissed Applications and for Stay of Execution of Possession Order
Outcome
Applications dismissed
Legal Topics
Stay of Execution, Reinstatement of Applications, Possession Order, Reference to European Court, Bankruptcy Proceedings
Civil Procedure Bankruptcy Property Law Stay of Execution Reinstatement of Applications Possession Order Reference to European Court Bankruptcy Proceedings

Case Brief

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Parties

Peter Michael Barnes

Applicant

Woolwich PLC & Others

Respondents

Procedural Posture

Civil Appeal / Application to Reinstate Dismissed Applications and for Stay of Execution of Possession Order

Legal Issues

  1. 1 Whether there is a basis to reinstate applications for permission to appeal previously dismissed
  2. 2 Whether a stay of execution of a possession order should be granted pending further applications
  3. 3 Whether a reference to the European Court of Justice is appropriate or pending

Ratio Decidendi

There was no basis to reinstate the dismissed applications for permission to appeal, nor any pending or appropriate reference to the European Court of Justice. No grounds existed to stay the execution of the possession order.

Court Disposition

Applications dismissed

Orders

  • Application to reinstate dismissed
  • Application for stay of execution dismissed