Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
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
[New search] [Printable RTF version] [Help]
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
CHANCERY DIVISION
(MR JUSTICE PATTEN)
The Strand London, WC2A 2LL |
||
B e f o r e :
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 |
____________________
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 CHRISTOPHER NUGEE QC AND MR DANIEL BAYFIELD (instructed by Linklaters, London EC2Y 8HQ) appeared on behalf of the Respondent Receivers
____________________
Crown Copyright ©
- 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.
- 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.
Tuesday, 4 November 2003
(Application for permission to appeal to the House of Lords refused).