Stella Eboh v James Baird
[2024] EWHC 318 (KB)
Owen Morgan v Business Mortgage Finance 5 PLC
14 February 2024
[2024] EWHC 309 (KB)
High Court
A homeowner facing eviction tried to get a last-minute court order to stop it. The judge refused, saying the homeowner hadn't followed the right steps and was trying to get around existing court proceedings. The judge said there were better ways to solve the problem through the normal legal process.
Key Facts
- •Claimant (Mr. Morgan) sought an emergency injunction to suspend an eviction of his family home.
- •The eviction was scheduled for the following day (15th February 2024).
- •The case involved a long-standing mortgage dispute dating back to 2006.
- •Mr. Morgan argued that the Defendant lacked the legitimate authority to enforce the mortgage.
- •Previous attempts to resolve the matter had been made in the County Court.
- •Mr. Morgan's application in the High Court included requests for pre-action disclosure and to void the County Court claim.
Legal Principles
The court considers procedural fairness, especially in 'without notice' applications.
Inherent jurisdiction of the High Court
The High Court will not generally interfere with County Court proceedings.
Principles of judicial comity and case management.
Urgent applications for interim orders require consideration of the viability of the claim, and the balance of justice and convenience.
Principles of interim injunctions.
Outcomes
The application for an emergency injunction was refused.
The court found the application procedurally unfair due to lack of attempt to notify the defendant, and an inappropriate attempt to circumvent the ongoing County Court proceedings.