Southern and District Finance Plc v Turner: CA 7 Nov 2003

The defendant sought to assert that the agreement under which possession of her house was sought was an extortionate credit bargain. She had to obtain leave to appeal out of time.
Held: The rules required an application to be supported by evidence. In this case the leave had been granted without formal consideration of the need for an application for leave.The matter should be treated as an application to the Court of Appeal. As to the substantive issue, this was a matter which should be heard, and the leave to appeal was given.
Lord Justice Brooke Sir Martin Nourse Lord Justice Longmore
[2003] EWCA Civ 1574
Consumer Credit Act 1974
England and Wales
CitedLondon Borough of Hackney v Driscoll CA 16-Jul-2003
The defendant sought to set aside judgment entered in his absence.
Held: The right of a defendant to have set aside a judgment where he had not known of the proceedings did not necessarily apply where, as here, he had attended one hearing, but . .
CitedFowler De Pledge (A Firm) v Smith CA 20-May-2003
The appellant sought two permissions to appeal. Having at one stage been legally aided in proceedings, a claim for his solicitors costs had been compromised. The court records were imperfect. It was not clear whether a circuit judge sitting as a . .
CitedHackney v Driscoll (No 1) CA 2003
It was not clear whether an order made by a circuit judge was made by a judge of the county court at first instance, or by a circuit judge in an appeal court. The route for an appeal was therefore unclear. . .
CitedHertsmere Borough Council v Harty and others CA 21-Jun-2001
Concerning challenges to leave to appeal: ‘(if) the Judge was misled by an Appellant, not necessarily deliberately, into giving permission to appeal, that may well be a compelling reason within the Rule. It must . . involve showing (a) that the . .
CitedFoenander v Bond Lewis and Co CA 23-May-2001
The applicant sought to appeal from an order refusing leave to appeal out of time. There was no second appeal inherent in such a case where the court had not additionally considered and refused the leave to appeal itself. A refusal to extend time . .

These lists may be incomplete.
Updated: 21 April 2021; Ref: scu.187558