Paragon Finance Plc v Pender
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE JACOB |
| Judgment Date | 29 July 2004 |
| Neutral Citation | [2004] EWCA Civ 1113 |
| Docket Number | B2/2003/2609 |
| Court | Court of Appeal (Civil Division) |
| Date | 29 July 2004 |
[2004] EWCA Civ 1113
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
Royal Courts of Justice
Strand
London, WC2
Before:
Lord Justice Jacob
B2/2003/2609
Paragon Finance Plc (Formerly The National Home Loans Corporation Plc)
Respondent/Claimant
and
Pender & Anr
Applicants/Defendants
MR H PAGE QC appeared on behalf of the Applicants
The Respondent did not appear and was not represented
1
I will give you permission on all three grounds, confined to those three grounds. I would like some checking to see what the position is as regards the payments. If they are in accordance with what Peter Smith J ordered, then that is one thing; if they are not, you had better come back and do something about it.
Order: Permission granted on all three grounds. The payments to be checked to make sure that they are in accordance with the order of Peter Smith J.
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5 cases
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Meretz Investments NV v ACP Ltd
...to FP. He accepted that the leaseback option had been vested in NUBBH by way of charge but, applying the decision of this court in Paragon Finance v Pender [2005] 1 WLR 3412, he held that s 114 did not apply to registered charges (J [361]). I refer to this below as the “ Pender point”. 39 T......
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Independent Trustee Service Ltd v GP Noble Trustees and Others
...agreed) that the provision could be relied upon to set aside a possession order which had already been made as a final order. 95 In Paragon Finance v Pender [2003] EWHC 2834 (Ch) I expressed the view that a possession order could be set aside under CPR 3.1 (7). In so doing I made the follow......
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Credit and Mercantile Plc v Marks
... ... Except for a case in the Macclesfield County Court decided in 2000, namely Falco Finance Ltd v Gough , which is of no assistance because the point was conceded, the only authority directly ... subject to the right of redemption then subsisting." In a recent case, Paragon Finance Plc v Pender [2003] EWHC 2834 (Ch) , 25 November 2003, it was held by Peter Smith J that ... ...
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Emerald Supplies Ltd and Others v British Airways Plc Air Canada and Others (Third Parties) Japan Airlines Company Ltd and Others (Fourth Parties)
...Rules for some considerable time see Mond v Hammond Suddards [2000] Ch 40. It has even extended in my view to final orders see Paragon Finance v Pender [2003] EWHC 2834 paragraph 97 I go on now to consider the so-called Pergan principle. There is no doubt that in civil proceedings where th......
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