jcb208
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Post by jcb208 on Sept 22, 2021 8:41:06 GMT
Borrower just playing the system hoping Unbolted cave in
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Mousey
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Post by Mousey on Nov 17, 2021 11:31:59 GMT
In relation to the hearing that was held on 31/03/2021 I have been told Deputy Master Marc Glover, the judge dealing with the hearing, issued a direction on Nov 11th which stated “A judgment will be provided as soon as possible, hopefully before 22 November 2021".
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sjg
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Post by sjg on Nov 26, 2021 11:14:10 GMT
In relation to the hearing that was held on 31/03/2021 I have been told Deputy Master Marc Glover, the judge dealing with the hearing, issued a direction on Nov 11th which stated “A judgment will be provided as soon as possible, hopefully before 22 November 2021".
Was all excited for this week and hopefully some news which has been a long time coming. Seems we may be waiting a bit longer Thanks for all the updates though Mousey very much appreciated.
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Mousey
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Post by Mousey on Nov 26, 2021 12:07:04 GMT
240 days and counting. The norm is 3 months.
In a case where the judgment was delayed by 22 months the Court of Appeal said:
"An unreasonable delay of this kind reflects adversely on the reputation and credibility of the civil justice system as a whole, and reinforces the negative images which the public can have of the way judges and lawyers perform their roles. If there were regular delays of this order, the rule of law would be undermined. There can, of course, be very different reasons for delay, such as ill-health of the judge or a close relative. In rare cases it could be a reprehensible lack of diligence or even sometimes a belief that the parties might do better to settle their differences or to conduct their affairs without knowing the legal result. None of these reasons, except serious ill-health of the judge, would, however, justify a substantial delay beyond the usual period taken for delivering judgments. This may vary according to the tier of the court but is usually taken to be three months."
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Mousey
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Post by Mousey on Jan 19, 2022 15:48:33 GMT
I understand the judgment is being handed down tomorrow.
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markyg61
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Post by markyg61 on Jan 19, 2022 16:44:46 GMT
I understand the judgment is being handed down tomorrow.
Let's hope it's favourable !
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Post by df on Jan 19, 2022 21:50:19 GMT
I understand the judgment is being handed down tomorrow.
Let's hope it's favourable !
I hope so! Favourable outcome should hopefully put the nail in the coffin for this scheme.
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IFISAcava
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Post by IFISAcava on Jan 19, 2022 22:48:11 GMT
MouseyAny log on details available for this one?
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Mousey
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Post by Mousey on Jan 19, 2022 23:14:15 GMT
The court couldn't tell me whether the judgment will be read out on MS teams or just e-mailed out at 10.30 so we'll see what happens.
Btw no nails and no coffins. I expect this judgement to clarify a preliminary point which the borrower has not even indicated whether he will place before the court at trial or not.
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Mousey
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Post by Mousey on Jan 20, 2022 11:13:22 GMT
Deputy Master Marc Glover, handing down judgment some 295 days after the hearing, dismisses Open Access Finance's application to have a preliminary point determined prior to trial.
In a 120-paragraph-judgment the judge concluded "it is reckless for the Court at this juncture, and on limited submissions, to determine core matters which may tie the hands of the trial judge on wider issues in the Claim."
The judgment is a fascinating read and ties together elements of the London loan, Webb v Taylor (the Lendy Waterfall case) and Avery-Gee v Sibley (FS Directions).
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agent69
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Post by agent69 on Jan 20, 2022 11:39:06 GMT
Deputy Master Marc Glover, handing down judgment some 295 days after the hearing, dismisses Open Access Finance's application to have a preliminary point determined prior to trial. In a 120-paragraph-judgment the judge concluded " it is reckless for the Court at this juncture, and on limited submissions, to determine core matters which may tie the hands of the trial judge on wider issues in the Claim."
The judgment is a fascinating read and ties together elements of the London loan, Webb v Taylor (the Lendy Waterfall case) and Avery-Gee v Sibley (FS Directions). And it's taken 295 days to work that out? Brilliant
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IFISAcava
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Post by IFISAcava on Jan 20, 2022 11:41:18 GMT
Can't see it on BAILII - is a copy available Mousey ?
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upland
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Post by upland on Jan 21, 2022 15:16:09 GMT
I hardly understand what the outcome means in todays email but the words Unfortunately probably say that the matter is not over.
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sussexpeer
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Post by sussexpeer on Jan 22, 2022 12:07:38 GMT
I hardly understand what the outcome means in todays email but the words Unfortunately probably say that the matter is not over. Which email upland? I think I missed that one.
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corto
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Post by corto on Jan 22, 2022 13:02:55 GMT
Fr 14:36 (for me) email called "status update on borrower litigation"
There is a commercial lender (one or more) among the lenders and UB wanted to know whether that affects the legal treatment of the entire loan amount or only that of the commercial lender (s). It is suggested in the email that 1) commercial lenders are treated different from non-commercial ones 2) there have been no previous cases as to how. That will delay the process now, because the the judge has decided it's not his decision and that it can go to another court session.
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