The fact that earlier proceedings under a mortgage to recover the debt as a simple contract debt had been dismissed for want of prosecution, did not prevent the mortgagee later proceeding under the mortgage as a specialty debt.
Citations:
Gazette 30-Jun-1999, Times 18-Jun-1999
Statutes:
Jurisdiction:
England and Wales
Citing:
Appealed to – Ashton and Another v Securum Finance Ltd CA 21-Jun-2000
In the new litigation culture it was correct to strike out a second action which fundamentally re-litigated a case which had previously been struck out on the grounds of abuse of process or delay. The court’s case management required it to consider . .
Cited by:
Appeal from – Ashton and Another v Securum Finance Ltd CA 21-Jun-2000
In the new litigation culture it was correct to strike out a second action which fundamentally re-litigated a case which had previously been struck out on the grounds of abuse of process or delay. The court’s case management required it to consider . .
Lists of cited by and citing cases may be incomplete.
Banking, Limitation
Updated: 08 May 2022; Ref: scu.89156
