Selwyn Campbell v Chief Land Registrar
[2023] EWHC 3087 (Ch)
Lloyds Bank PLC v Trevor Mealham & Anor
29 October 2024
[2024] EWHC 2737 (Ch)
High Court
A bank wanted to take back a house because the owner didn't pay his loan. The owner caused a lot of trouble in court, didn't pay attention, and made false accusations. The judge said the owner was wrong and made it so that he can't start anymore lawsuits against the bank for three years.
Key Facts
- •Lloyds Bank plc (Claimant) sought possession of a property from Trevor Mealham and Tracey Alford (Defendants).
- •The loan secured on the property was not repaid, leading to possession proceedings in 2017.
- •Mr. Mealham repeatedly made unsuccessful applications and appeals, alleging fraud by the Bank.
- •Mr. Mealham engaged in disruptive and abusive behaviour during court proceedings, including assaults on process servers and bailiffs.
- •Mr. Mealham's application to set aside the repossession order was before the court.
Legal Principles
CPR r.83 governs writs of possession; a writ can be issued without judicial consideration if there's a valid order and it's not stayed.
CPR r.83
CPR r.83.8A (added in 2020) requires notice of a proposed eviction unless dispensed with.
CPR r.83.8A
CPR r.23.10 allows a party not served with an application notice before an order to apply within seven days to set it aside.
CPR r.23.10
Court has discretion to set aside orders under CPR r.23.10 but grounds must exist.
CPR r.23.10
An extended civil restraint order (ECRO) can be made against a party who persistently issues claims or makes applications that are totally without merit (TWM). 'Persistently' generally means at least three instances.
CPR PD 3C, para 3.1; Sartipy v Tigris Industries Inc [2019] 1 WLR 5892
In considering an ECRO, the court evaluates the party's overall conduct, not just the number of TWM applications.
Sartipy v Tigris Industries Inc [2019] 1 WLR 5892 at [30]
Giving notice of an application for permission to apply for a writ of possession does not give sufficient notice of eviction. Where there's full participation in possession proceedings, the tenant must know that eviction is imminent and take steps for voluntary removal.
Gupta v Partridge [2018] 1 WLR 1 at [53]
Outcomes
Mr. Mealham's application to set aside the repossession order was dismissed.
The application was considered to be totally without merit, as it sought to re-litigate issues already decided against him. There were no valid grounds to set aside the order dispensing with notice of eviction, given Mr. Mealham's history of disruptive behaviour and assaults.
A 3-year extended civil restraint order (ECRO) was imposed on Mr. Mealham.
Mr. Mealham persistently made applications totally without merit, demonstrated disruptive and abusive behaviour, and showed intent to continue his actions against the Bank. The ECRO was deemed necessary to protect the Bank and prevent further waste of judicial time.
Mr. Mealham's applications for permission to appeal against the dismissal of his application and the ECRO were refused.
Standard procedure; he retains the right to appeal to the Court of Appeal.