Wiemer v Redstone Mortgages

Wiemer v Redstone Mortgages

The application to admit fresh evidence on a second appeal was refused because the evidence could have been obtained with reasonable diligence before the original hearing or first appeal, and the evidence was not so strong as to justify admission. The remaining grounds did not meet the test for a second appeal under CPR 52.13.

Parties
Applicant: Wiemer; Respondent: Redstone Mortgages
Jurisdiction
England and Wales
Judgment Date
24 January 2014
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal (second Appeal)
Outcome
Permission to appeal refused
Legal Topics
Summary Judgment, Admission of Fresh Evidence, Mortgage Acceleration, Service of Demand, Appeals Process
Civil Procedure Property Law Mortgage Law Summary Judgment Admission of Fresh Evidence Mortgage Acceleration Service of Demand Appeals Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wiemer

Applicant

Redstone Mortgages

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal (second Appeal)

Legal Issues

  1. 1 Whether fresh evidence should be admitted on a second appeal
  2. 2 Whether the applicant notified the respondent of a change of contact address for service of demand
  3. 3 Whether the demand for repayment was validly served under the mortgage conditions

Ratio Decidendi

The application to admit fresh evidence on a second appeal was refused because the evidence could have been obtained with reasonable diligence before the original hearing or first appeal, and the evidence was not so strong as to justify admission. The remaining grounds did not meet the test for a second appeal under CPR 52.13.

Court Disposition

Permission to appeal refused