Appeal by Mr Parker against the judgment dismissing Mr Parker’s appeal against the Order of Master Bell refusing a stay on possession by Santander (UK) PLC of the appellant’s dwelling house.
Held: A promissory note was equivalent to cash, but only if backed by assets to pay on it. The application was quite without merit.
Morgan LCJ, Coghlin LJ and Gillen LJ
 NICA 41
Administration of Justice Act 1973 8, Bills of Exchange Act 1882 83(1)
Cited – National and Provincial v William and Humphrey 1996
Girvan J said: ‘If a mortgagor declines to put any material before the court which could lay a basis for the court exercising its powers under s36 the mortgagee would be entitled to his remedy based on his clear contractual rights under the . .
Cited – Wirth v Weigel Leygonie and Co Ltd CA 1939
Du Parcq LJ said: ‘I doubt whether a promise to pay to a man or to somebody else, who may be his creditor or debtor is a promissory note.’ . .
Cited – Electricity Corporation of New Zealand Ltd v Fletcher Challenge Energy Ltd 10-Oct-2001
Court of Appeal of New Zealand
Held: ‘The court has an entirely neutral approach when determining whether the parties intended to enter into a contract. Having decided that they had that intention, however, the court’s attitude will change. It . .
Cited – Zinda v Bank of Scotland Plc CA 23-Jun-2011
This appeal raises a short but important point of principle of great practical significance in relation to the standard form of suspended possession order used in mortgage cases and granted on a daily basis in hundreds of County Courts up and down . .
Cited – Carlyle (Scotland) v Royal Bank of Scotland Plc SC 11-Mar-2015
Assessing Whether 1st Judge was Plainly Wrong
The Court was asked whether, on an objective assessment of a what a developer and the bank had said to each other, the bank intended to enter into a legally binding promise to advance sums in the future to fund not only the developers purchase of . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Land
Updated: 02 January 2022; Ref: scu.550142