Brandon v Amex - date of appeal hearing + detail?

[QCKate]

Re: Brandon v Amex - date of appeal hearing + detail?

From reading it, I was under the impression he had won.

Me too although the court was reluctant.

QCK

[buster1967]

Re: Brandon v Amex - date of appeal hearing + detail?

Oh dear does that mean Brandon has lost?

From reading it, I was under the impression he had won.

[jumper999]

Re: Brandon v Amex - date of appeal hearing + detail?

Oh dear does that mean Brandon has lost?

[visionary]

Re: Brandon v Amex - date of appeal hearing + detail?

Judgement is here. http://www.bailii.org/ew/cases/EWCA/Civ/2011/1187.html

[buster1967]

Re: Brandon v Amex - date of appeal hearing + detail?

Depends if anyone from the forums goes there, or is involved in the case. However, it should be here within a few hours http://www.bailii.org/

Thanks,
Fingers crossed for Mr Brandon today.

[leclerc]

Re: Brandon v Amex - date of appeal hearing + detail?

How long will it take for the full judgement to filter into the public domain?

Depends if anyone from the forums goes there, or is involved in the case. However, it should be here within a few hours http://www.bailii.org/

[buster1967]

Re: Brandon v Amex - date of appeal hearing + detail?

How long will it take for the full judgement to filter into the public domain?

[Algee]

Re: Brandon v Amex - date of appeal hearing + detail?

From OTR:

COURT 8
Before LORD JUSTICE PILL
LORD JUSTICE GROSS and
SIR RICHARD BUXTON
Tuesday, 25 October, 2011
Not Before half-past 11
FOR JUDGMENT
APPEAL
From County Courts
FINAL DECISIONS
B2/2010/1463 Ian Karl Robert Brandon -v- American Express Services Europe Ltd. Appeal of Defendant from the order of His Honour Judge Roderick Denyer QC, dated 25th May 2010, filed 15th June 2010.

Alan

Re: Brandon v Amex - date of appeal hearing + detail?

It might be about whether he had a chance of winning but it has been used by many creditors to advance their position. The judgement is clearly wrong. A valid default notice is required and they don't have one. He surely has at least a prospect of winning on this point. It has indeed been held in the court of appeal that you need one and that is/was binding on the lower court who issued the summary judgement.

M1

HI M
Yes but my point is that even if the appeal decides to overturn the judjment, it does not mean that the principle of applying prejudice to deciding if a dn is effective or legal will be binding or not. It just means that each case presented will have to be decide on its own merits until another high court case sets a precident in the matter.
In my opinion your local DJ is still liable to say that if no action was taken within the statutory period then the DN will stand no matter what it says on the notice.

Peter

[mystery1]

Re: Brandon v Amex - date of appeal hearing + detail?

I can’t help feeling that people are putting too much importance on this hearing.
Whichever way it goes it is not going to change anything. This is an appeal against the right to hand down a summary judgment that is all. The issues within that judgement still have to be decided should the court consider that they are even worthy of discussion. That is what the appeal will decide.
At least that is the way I read it.
Peter

It might be about whether he had a chance of winning but it has been used by many creditors to advance their position. The judgement is clearly wrong. A valid default notice is required and they don't have one. He surely has at least a prospect of winning on this point. It has indeed been held in the court of appeal that you need one and that is/was binding on the lower court who issued the summary judgement.

M1

Re: Brandon v Amex - date of appeal hearing + detail?

I can’t help feeling that people are putting too much importance on this hearing.
Whichever way it goes it is not going to change anything. This is an appeal against the right to hand down a summary judgment that is all. The issues within that judgement still have to be decided should the court consider that they are even worthy of discussion. That is what the appeal will decide.
At least that is the way I read it.
Peter

[EXC]

Re: Brandon v Amex - date of appeal hearing + detail?



The courts have only just returned from the summer recess this week.

[leclerc]

Re: Brandon v Amex - date of appeal hearing + detail?

Does any one know the current status of this?

Thanks

C

At the bottom of the case tracker:

Current Status: Awaiting result of a reserved judgment

[cadwallader]

Re: Brandon v Amex - date of appeal hearing + detail?

Does any one know the current status of this?

Thanks

C

[ncf355]

Hi All,

Brandon appeal heard today - judgment reserved to a future date.

Dad

Thanks Dad!

Good to know they are gving it lengthy consideration