Santander (UK) Plc v Parker [2015] NICA 41 (16 June 2015)

Santander (UK) Plc v Parker [2015] NICA 41 (16 June 2015)

The appellant failed to provide any credible or sufficient material, security, or evidence of means to justify the exercise of the court's discretion to stay the possession order. The offer of a promissory note was not properly made, lacked adequate security, and was not supported by evidence. The statutory requirements for a stay were not met.

Citation
[2015] NICA 41
Parties
Plaintiff/respondent: Santander (UK) PLC; Defendant/appellant: Anthony Parker
Jurisdiction
Northern Ireland
Judgment Date
16 June 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Stay of Possession Order
Outcome
appeal dismissed
Legal Topics
Mortgage Possession, Stay of Execution, Promissory Notes, Discretionary Relief, Burden of Proof
Property Law Banking Law Civil Procedure Mortgage Possession Stay of Execution Promissory Notes Discretionary Relief Burden of Proof

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Parties

Santander (UK) PLC

Plaintiff/respondent

Anthony Parker

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing Stay of Possession Order

Legal Issues

  1. 1 Whether the court should grant a stay of the possession order under s36 Administration of Justice Act 1970 and s8 Administration of Justice Act 1973
  2. 2 Whether a promissory note or offer of security by the appellant is sufficient to justify a stay

Ratio Decidendi

The appellant failed to provide any credible or sufficient material, security, or evidence of means to justify the exercise of the court's discretion to stay the possession order. The offer of a promissory note was not properly made, lacked adequate security, and was not supported by evidence. The statutory requirements for a stay were not met.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; parties to be heard on costs