Dean McGuinness & Anor v Edward Avery Gee & Ors
[2023] EWHC 3283 (Ch)
Chantal Weldon v Godiva Mortgages Limited & Anor
15 February 2024
[2024] EWHC 316 (KB)
High Court
A family is trying to save their late father's house from being sold to pay off a large mortgage debt. A judge temporarily stopped the sale to give the family time to get a new mortgage on another property to pay the debt. The judge didn't decide at this hearing about a dispute over extra costs added to the debt; that will need to be handled separately.
Key Facts
- •Interim injunction obtained without notice to prevent the sale of a property.
- •Property belonged to the deceased father of the claimant.
- •Substantial mortgage arrears owed to the first defendant.
- •Receivers appointed by the first defendant.
- •Claimant seeks to remortgage her mother's property to pay off arrears.
- •Dispute over the reasonableness of receivers' costs included in the arrears.
- •Claimant acting in person.
Legal Principles
Continuation of an interim injunction granted without notice requires consideration of representations from the affected party.
Court procedure
To continue an interim injunction, the court must be satisfied there is a serious issue to be tried and the balance of justice favors continuation.
Inherent jurisdiction of the High Court
A court may consider ancillary matters arising from an application for continuation of an interim injunction.
Court procedure
The reasonableness of costs and expenses can be challenged through CPR 44 PD §7.3.
CPR 44 PD §7.3
Outcomes
Interim injunction continued for six weeks.
To allow time for the remortgage to be completed and arrears paid off. The court found a serious issue to be tried and that the balance of convenience favored continuation.
Claimant given 14 days to file a statement from her mother confirming her intentions regarding the remortgage.
To provide reassurance about the remortgage plan. The court avoided making an order that directly compelled the mother's action.
Claimant's application to strike off £2,042 in receivers' costs from the arrears was refused.
This was deemed a separate substantive dispute, not appropriately addressed at the return date hearing of the interim injunction. The issue of the reasonableness of the costs could be addressed through other procedural avenues.