Civil practice and procedure

Appeal

Notting Hill Finance Ltd v Sheikh

  • Court of Appeal (Civil Division)
  • 25 July 2019
  • Longmore and Peter Jackson LJJ and Snowden J
  • [2019] EWCA Civ 1337
  • [2019] PLSCS 164
Practice and procedure – Appeal – Grounds of appeal – Appellant claiming possession of property after respondent failed to repay loan – Court making possession order on summary basis under CPR part 55 – Judge granting respondent permission to raise new point on appeal – Whether respondent entitled to raise point not argued at initial hearing – Whether serious procedural irregularity – Appeal dismissed The respondent and the appellant entered into a loan agreement under which the appellant loaned the respondent the sum of £50,000 for a term of six months. The loan was secured by a third mortgage over
Case summary