|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 163 (Jan)|
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.