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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Silven Properties Ltd & Anor v Royal Bank of Scotland & Ors [2003] EWCA Civ 1817 (04 November 2003)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2003/1817.html
Cite as: [2003] EWCA Civ 1817

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Neutral Citation Number: [2003] EWCA Civ 1817
A3/2002/2296; A3/2002/2300

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
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
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
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
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    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.

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

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URL: http://www.bailii.org/ew/cases/EWCA/Civ/2003/1817.html