Coutts & Co v Sebestyen

[2005] EWCA Civ 90

Case details

Case citations
[2005] EWCA Civ 90
Court
Court of Appeal (Civil Division)
Judgment date
20 January 2005
Judgment text

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Subjects
Civil procedure Permission to appeal Consumer credit
Keywords
permission to appeal cross-appeal stay Consumer Credit Act Office of Fair Trading
Outcome
application for permission to appeal and a stay allowed
Judicial consideration

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Summary

This was a procedural order. Permission to appeal was granted on specified Consumer Credit Act points, with permission to cross-appeal on those points if necessary. A stay was also allowed. The court made no substantive determination of the consumer-credit issues and invited written comments from the Office of Fair Trading.

Factual background

Coutts & Co v Sebestyen came before the Court of Appeal (Civil Division) on appeal. The appellant appeared in person. The judgment does not identify the decision under appeal or provide its citation.

The central procedural questions were whether permission should be granted on the Consumer Credit Act points, whether a cross-appeal should be permitted if necessary, and whether a stay should be ordered.

Held

The Court of Appeal made a procedural order and did not decide the merits of the Consumer Credit Act issues.

  1. Permission to appeal was granted on the Consumer Credit Act points. Permission to cross-appeal was also granted if necessary, but only on those points.
  2. The judgment was directed to be sent to the Office of Fair Trading. The court welcomed written comments and invited the Office to indicate whether it wished to appear by counsel.
  3. The application for permission to appeal and a stay was allowed.

The court’s approach to earlier authorities

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Appellate history

  1. Court of Appeal (Civil Division): On 20 January 2005, the court granted permission to appeal on specified Consumer Credit Act points and allowed a stay. The citation is [2005] EWCA Civ 90. No citation or substantive details of the decision under appeal are stated.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
application for permission to appeal and a stay allowed

Key cases cited

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Cases citing this case

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