Source: All England Reporter
Publisher Citation: [2002] All ER (D) 163 (Jan)
Court: Chancery Division

Sir Donald Rattee

Representation Francis Tregear (instructed by Ronald Fletcher & Co) for the appellant.
  Toby Riley-Smith (instructed by Alison Lowton) for the authority.
Judgment Dates: 23 January 2002


Mortgage - Possession of mortgaged property - Mortgagee's right to recover possession - Order for possession - Mortgagor alleging respondent authority in breach of duty as mortgagee to obtain best possible price on sale of property - District judge striking out proceedings on grounds that appellant having no real prospect of success - Appeal - Appellant failing to attend appeal hearing - Whether appellant having good reason for failing to attend - CPR 25.11, 39.3.

The Case

On an appeal against the dismissal of the appellant's appeal against the strike out of his claim following his non-attendance at the hearing of the appeal, the court ruled, on the evidence, that the judge was entitled to conclude that the appellant had showed no good reason for his non-attendance before the registrar and accordingly dismissed the appeal.

Practice Areas

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