Santander (UK) Plc v Carlin & Anor [2013] NICh 14 (19 September 2013)

Santander (UK) Plc v Carlin & Anor [2013] NICh 14 (19 September 2013)

The order for possession was obtained by misrepresentation to the court, specifically through a false statement in the affidavit regarding assignment of the mortgage, and there was non-compliance with court directions; therefore, the appeal succeeds and the order for possession is struck out.

Citation
[2013] NICh 14
Parties
Plaintiff/respondent: Santander (UK) plc; Defendant/appellant: Thomas Anthony Carlin; Defendant/appellant: Maxine Karon Hughes
Jurisdiction
Northern Ireland
Judgment Date
19 September 2013
Procedural Posture
Appeal Against Order for Possession / Judgment on Appeal
Outcome
Appeal allowed; order for possession struck out
Legal Topics
Mortgage Possession, Assignment of Mortgage, Affidavit Evidence, Misrepresentation to Court, Compliance With Court Orders
Property Law Civil Procedure Mortgage Possession Assignment of Mortgage Affidavit Evidence Misrepresentation to Court Compliance With Court Orders

Case Brief

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Parties

Santander (UK) plc

Plaintiff/respondent

Thomas Anthony Carlin

Defendant/appellant

Maxine Karon Hughes

Defendant/appellant

Procedural Posture

Appeal Against Order for Possession / Judgment on Appeal

Legal Issues

  1. 1 Whether the order for possession was properly obtained by Santander (UK) plc
  2. 2 Whether there was misrepresentation to the court regarding assignment of the mortgage
  3. 3 Whether affidavit evidence was improperly given

Ratio Decidendi

The order for possession was obtained by misrepresentation to the court, specifically through a false statement in the affidavit regarding assignment of the mortgage, and there was non-compliance with court directions; therefore, the appeal succeeds and the order for possession is struck out.

Court Disposition

Appeal allowed; order for possession struck out

Orders

  • Order of the Learned Master reversed
  • Order for possession struck out