Silven Properties Ltd & Anor v Royal Bank of Scotland & Ors [2003] EWCA Civ 1817

A3/2002/2296; A3/2002/2300[2003] EWCA Civ 1817
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
CHANCERY DIVISION
(MR JUSTICE PATTEN)
Venue Royal Courts of JusticeDate Tuesday, 4 November 2003
The Strand
London, WC2A 2LL
B E F O R E:
LORD JUSTICE TUCKEY
MR JUSTICE LIGHTMAN
SIR WILLIAM ALDOUS
Between
SILVEN PROPERTIES LIMITEDAppellantCHART ENTERPRISES INCORPORATEDAppellant-v-
Between
THE ROYAL BANK OF SCOTLAND PLCRespondentNIGEL VOOGHTRespondentTIMOTHY RICHARD HARRISRespondent
(Computer-Aided Transcript of the Stenograph Notes ofSmith Bernal Wordwave Limited190 Fleet Street, London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838Official Shorthand Writers to the Court)
MR MICHAEL DRISCOLL QC AND MR MICHAEL MICHELL (instructed by Kenneth Elliott & Rowe, Romford RM1 1SX) appeared for AppellantsMR CHRISTOPHER NUGEE QC AND MR DANIEL BAYFIELD (instructed by Linklaters, London EC2Y 8HQ) appeared for Respondent Receivers
J U D G M E N TTuesday, 4 November 2003

LORD JUSTICE TUCKEY:

[1]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).