A3/2002/2296; A3/2002/2300
ON APPEAL FROM THE HIGH COURT
CHANCERY DIVISION
(MR JUSTICE PATTEN)
Royal Courts of Justice
The Strand
London, WC2A 2LL
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
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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).