Brandon v Amex - date of appeal hearing + detail?

[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

[Guest]

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

[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

[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?

[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?

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.

[visionary]

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

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

[jumper999]

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

Oh dear does that mean Brandon has lost?

[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.

[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

[fluffystuff]

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

Me too although the court was reluctant.

QCK

I agree, here's the summary. ~


Quote -
iv) Pulling the threads together, the cumulative impact of the procedural history leads me to conclude that it would not be fair to permit summary judgment to stand on the basis of contractual termination. This is so whatever the position might have been as to summary judgment had the ss.76 and 98 and reg. 5(1) issues arisen in a more orderly fashion. At all events, against a background of expanding proceedings lacking a proper framework at the appeal stage, I am left with a sense of unease which I cannot dispel.
In the circumstances, I would allow the appeal.
MISCELLANEOUS MATTERS
Brief mention should be made of two remaining matters:
i) I express no view as to whether it is realistically arguable that the £25 monthly charge was a penalty. Although any disclosure would be a matter for the Judge dealing with any further hearings (if such there are), for my part I can see no merit whatever in the submission that some 6 years' of disclosure (or anything like that) would be called for. A sense of realism coupled with considerations of proportionality should serve to preclude any such argument. In any event and in agreement with DJ Gisby (at [23] of his judgment), I cannot accept that this issue could be worth more than £1,000.00 at most. Even if that sum was deducted from the Amex claim it is plain that a substantial sum would be due from Mr. Brandon to Amex, provided only that Amex complies with the relevant statutory and procedural requirements.
ii) With respect, I reject Mr. Pugh's complaint as to the dismissal of the counterclaim. It is devoid of merit for the reasons expressed by DJ Gisby at [29] of his judgment (set out above) and which I gratefully adopt. On the facts before this Court and regardless of the outcome of the appeal, Mr. Brandon is a bad credit risk; for this conclusion, he has only himself to blame.
SIR RICHARD BUXTON:
I agree.
LORD JUSTICE PILL:
I also agree.

End quote.

[postggj]

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

HE HAS WON

I think it mainly states that the judge cannot override statute.

[jumper999]

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

lol great news, good job i did not tell anyone the opposite wow what a relief Mr Brandon must be feeling

[postggj]

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

This Is Great Case Law We Can All Quote Now To Our Advantage For A Change

[TUTTSI]

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

It looks like to me he lost, cannot see where he has won?