The defendant sought leave to appeal against orders for possession. The trial had been transcribed by the claimant. At the start of the application, a copy of the transcript was given to the judge but not the defendant despite his application.
Held: The judge should not be provided with a document which was not also to be provided to the other party. The failure to do so was a procedural irregularity. In this case however the transcript had been provided in time for the defence counsel to make use of it for his closing summary, and no prejudice had in fact occurred. The other grounds of appeal failed. Appeal dismissed.
Judges:
Lord Justice Auld, Lord Justice Chadwick, Lord Justice Clarke
Citations:
[2004] EWCA Civ 1767, Times 11-Jan-2005
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Lloyds Bank Plc and others v Cassidy CA 8-Nov-2002
. .
Cited – Meftah v Lloyds TSB Bank ChD 2001
Receivers of property under charge are not obliged before sale to spend money on repairs. . .
Cited – Routestone Ltd v Minories Finance ChD 1996
A receiver’s management duties will ordinarily impose on him no general duty to exercise the power of sale, or to ‘work’ an estate by refurbishing it before sale. Speaking of the role of an expert witness ‘What really matters in most cases are the . .
Cited – Garland v Ralph Pay and Ransom 1984
Receivers taking possession of a property are not under an obligation to make the property more attractive before marketing it. . .
Cited – Palk v Mortgage Services Funding Plc CA 1993
The mortgagees had obtained an Order for possession with the intention, not of proceeding to sell the property but of waiting in the hope that the market might improve. The mortgagor was anxious that the property should be sold so that the proceeds . .
Cited by:
See Also – Lloyds Bank Plc and others v Cassidy CA 8-Nov-2002
. .
Lists of cited by and citing cases may be incomplete.
Insolvency, Professional Negligence, Litigation Practice
Updated: 23 November 2022; Ref: scu.220666