Abbey National Plc v Lidwine Diane Desorties

Permission for a second-tier appeal is confined to cases raising a point of principle or practice, or presenting another compelling reason for consideration. A challenge to the calculation of a mortgage debt, based on correspondence and alleged failures to provide accounting information after the lower-court order, does not meet that threshold where it raises no legal principle and supplies no compelling reason. In that event, the Court of Appeal has no jurisdiction to grant permission.

Abbey National sought possession of a property secured by a legal mortgage after arrears accrued. The Brighton County Court made a suspended possession order on 10 March 1999. Mr Recorder Hall dismissed the applicant’s appeal on 11 June 1999. The applicant then sought permission for a second-tier appeal, challenging the amount ordered and alleging that Abbey National had failed to provide sufficient information to verify the mortgage accounting. The central issue was whether the application raised a point of principle or practice, or another compelling reason for a further appeal.

1. Permission refused. The application sought to reopen the amount due under the mortgage and the adequacy of information supplied by Abbey National after the County Court proceedings.
2. Permission for a second-tier appeal would be granted only if a point of principle or practice arose, or if there were some other compelling reason for the Court of Appeal to consider the case.
3. The applicant’s complaints about the calculation of interest, mortgage arrears and disclosure of account information raised no principle of law. The correspondence did not identify any other compelling reason for a further appeal.
4. It followed that the Court of Appeal had no jurisdiction to grant permission. The formal order was: application for permission to appeal refused.

• Court of Appeal (Civil Division): On 31 July 2001, Lord Justice Aldous refused permission for a second-tier appeal: [2001] EWCA Civ 1361 .
• Brighton County Court: Mr Recorder Hall dismissed the applicant’s appeal on 11 June 1999 against the possession order made on 10 March 1999.