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Silven Properties Ltd & Anor v Royal Bank of Scotland & Ors

[2003] EWCA Civ 1817

A3/2002/2296; A3/2002/2300

Neutral Citation Number: [2003] EWCA Civ 1817
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT

CHANCERY DIVISION

(MR JUSTICE PATTEN)

Royal Courts of Justice

The Strand

London, WC2A 2LL

Tuesday, 4 November 2003

B E F O R E:

LORD JUSTICE TUCKEY

MR JUSTICE LIGHTMAN

SIR WILLIAM ALDOUS

(1) SILVEN PROPERTIES LIMITED

(2) CHART ENTERPRISES INCORPORATED

Appellants

-v-

(1) THE ROYAL BANK OF SCOTLAND PLC

(2) NIGEL VOOGHT

(3) TIMOTHY RICHARD HARRIS

Respondents

(Computer-Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

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Official Shorthand Writers to the Court)

MR MICHAEL DRISCOLL QC AND MR MICHAEL MICHELL (instructed by Kenneth Elliott & Rowe, Romford RM1 1SX) appeared on behalf of the Appellants

MR CHRISTOPHER NUGEE QC AND MR DANIEL BAYFIELD (instructed by Linklaters, London EC2Y 8HQ) appeared on behalf of the Respondent Receivers

J U D G M E N T

Tuesday, 4 November 2003

1.

LORD JUSTICE TUCKEY: When granting permission to appeal to this court, Chadwick LJ said of the point in issue on the appeal that at the least if the matter is in doubt it is important that that doubt should be resolved in the interests generally of mortgagees, mortgagors and receivers appointed under mortgages.

2.

We believe our judgment resolves any doubt there may have been on the point. We accept that it is an important one, but think that the House of Lords should decide if it wants to consider the matter, and therefore permission to appeal is refused.

(Application for permission to appeal to the House of Lords refused).

Silven Properties Ltd & Anor v Royal Bank of Scotland & Ors

[2003] EWCA Civ 1817

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