Jenkins & Anor v Bradford & Bingley Building Society

Permission for a second appeal requires an important point of practice or principle, or another compelling reason, rather than merely an arguable disagreement with a lower court’s decision. A grant of permission below records only a real, non-fanciful prospect of success; it does not determine the merits. The Court of Appeal may identify accounting irregularities and encourage their resolution without granting permission or reopening the orders below.

Mr and Mrs Jenkins claimed sums from their mortgage lender for correspondence, related expenses, refunded charges, borrowing costs and distress. A district judge struck out or summarily dismissed the claims. His Honour Judge Perrett QC dismissed their appeal. The claimants sought permission for a further appeal, challenging the legal conclusions, hearing procedure, costs and inconsistent mortgage statements.

The central issues were whether an important point of practice or principle or another compelling reason justified a second appeal, and whether any identified error warranted intervention.

1. Application dismissed. Permission for a second appeal required an important point of practice or principle or another compelling reason. None was established.
2. Permission granted below meant only that the appeal had a real, non-fanciful prospect of success. It was not a concluded view on the merits.
3. The lower courts’ conclusions were broadly correct. The correspondence and related-expense claims lacked an apparent legal basis; the borrowing costs concerned repayment of mortgage arrears that were due; and damages for distress were unavailable in this case.
4. The Court noted a possible restitutionary issue concerning charges admitted not to have been due, but it had not been investigated and did not justify a second appeal.
5. The Court expressed concern about inconsistent mortgage statements and the apparently missing credit of £1,488. The building society should verify the account, with referral to the Ombudsman if necessary. A transcript was to be provided to the applicants at public expense.

1. Court of Appeal (Civil Division): Permission for a second appeal dismissed; transcript provided to the applicants at public expense.
2. Telford County Court: His Honour Judge Perrett QC dismissed the appeal from the district judge.
3. Telford County Court: District Judge Ilsley struck out or summarily dismissed the claims.