Preferred Mortgages Ltd v Jackson [2017] NICA 72 (19 December 2017)

Preferred Mortgages Ltd v Jackson [2017] NICA 72 (19 December 2017)

The appellant consented to enforcement of the possession order after 5 May 2017, and no new grounds justifying a stay have arisen. The arguments advanced were previously disposed of by consent, and the appellant's delay and lack of substantive new evidence do not warrant a stay. The purpose of a stay is to achieve justice, not to delay enforcement.

Citation
[2017] NICA 72
Parties
Plaintiff/respondent: Preferred Mortgages Limited; First Defendant/appellant: Dolores Christine Jackson; Second Defendant: Jeremy Jackson
Jurisdiction
Northern Ireland
Judgment Date
19 December 2017
Procedural Posture
Appeal / Application for Leave to Appeal Against Refusal to Grant Stay of Possession Order
Outcome
Application for leave to appeal refused
Legal Topics
Mortgage Possession, Stay of Execution, Appeal Procedure, Mis Selling Allegations
Property Law Civil Procedure Mortgage Possession Stay of Execution Appeal Procedure Mis Selling Allegations

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Parties

Preferred Mortgages Limited

Plaintiff/respondent

Dolores Christine Jackson

First Defendant/appellant

Jeremy Jackson

Second Defendant

Procedural Posture

Appeal / Application for Leave to Appeal Against Refusal to Grant Stay of Possession Order

Legal Issues

  1. 1 Whether a stay of enforcement of a possession order should be granted
  2. 2 Whether leave to appeal against refusal to stay possession order should be granted

Ratio Decidendi

The appellant consented to enforcement of the possession order after 5 May 2017, and no new grounds justifying a stay have arisen. The arguments advanced were previously disposed of by consent, and the appellant's delay and lack of substantive new evidence do not warrant a stay. The purpose of a stay is to achieve justice, not to delay enforcement.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused
  • Written submissions on costs invited from respondent by 6 December 2017 and from appellant in reply by 13 December 2017