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Rankine in the Court of Appeal??????

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I've just been told that the Rankines lodged an application for permission to appeal to the Court of Appeal which was apparently rejected some time in May when the CA apparently upheld all of the judgment of the High Court.

 

Does anybody have any info?


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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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IGNM what or who is the CA.

I have today served our heroes with a copy of my sealed appeal from the court of appeal.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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The CA is the Court of Appeal


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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Perhaps I should add that my understanding is that a decision of the Court of Appeal on a permission to appeal application does NOT create precedent and should not, as a general rule, be referred to as an authority.

 

see Para 6.1 and 6.2 of the Practice Direction on the Citation of Authorities

 

Legal / Professional - Practice Directions

 

It would, tho', be really useful to know what is actually happening


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I've just been told that the Rankines lodged an application for permission to appeal to the Court of Appeal which was apparently rejected some time in May when the CA apparently upheld all of the judgment of the High Court.

 

Does anybody have any info?

 

Just checking ..you're not confusing it with this one ? :

 

Rankine v MBNA Europe Bank Ltd

Court of Appeal 26/10/07 [2007]EWCA Civ 1273

 

Rankine

 

HTML version of judgement / Appeal refused is below and copied from :-

http://www.penaltyactiongroup.co.uk/forum/viewtopic.php?f=309&t=2263#p45153


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Bearing mind they were reputedly left with a £100K legal Bill in the Amex case, that they were refused request to Appeal by the High Court Judge - would they really get legal funding for a further Appeal...to "cockerel" it up a 2nd time ?

 

I see there is a pic on this BBC website :D

BBC NEWS | Business | Judges seek hold on debt claims

Edited by shakespeare62

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Just checking ..you're not confusing it with this one ? :

 

Rankine v MBNA Europe Bank Ltd

Court of Appeal 26/10/07 [2007]EWCA Civ 1273

 

Rankine

 

HTML version of judgement / Appeal refused is below and copied from :-

]Penalty Action Group • View topic - Rankine v MBNA Ooops Oct 07

 

No - I've been told that there was an application made to the Court of Appeal for permission to appeal the Amex case and that permission was refused I was told that the application was made earlier this this year - my colleague found out in early May


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Can the site team get information on this ? I appreciate from IGNM that if judgement was not given (only permission to appeal considered) it would NOT create a precedent, but we should know, because if it starts to be quoted as a precedent we can deal with the assertions ...

Edited by shakespeare62

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The other reason that it is really important is that we need to know the reasoning the Court of Appeal adopted is that if you appeal to the Court of Appeal the file goes to a caseworker - usually a lawyer in the civil appeals office - they prepare a note for the Court which tells the CA about any other similar cases - I don't know if that note would include previous permission applications on the same point or not - I suspect that it may do - so it would help to have the heads up on what we're likely to face


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Yes ...otherwise before long, someone will get ambushed. Better to be prepared than taken unawares, at least one can stop wool being pulled over a judges eyes ....Anyone know the Case Ref ?


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That Judgment needs to be overturned...but not by those two!

 

I'm still of a mind that they wanted to lose in the first place, and were encouraged to annoy the Judge to get the best lose they could get.

 

If they Appeal and lose again, that would be an even better lose (IOW a win for the Debt Industry).

 

Imagine the precedent that would set!

 

I do wonder if that was not the intention all along. The Debt Industry would pay an awful lot to get such a result.

 

Cheers,

BRW

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Well said BRW !


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Can the site team get information on this ? I appreciate from IGNM that if judgement was not given (only permission to appeal considered) it would NOT create a precedent, but we should know, because if it starts to be quoted as a precedent we can deal with the assertions ...

 

I've just asked the site team as well...we really could do with finding out what's happening


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2 reported posts acknowledged-please be patient I personally dont know the answer-but PT more than likely can shed some light on this.


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My understanding is that they didn't appeal the last case

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My understanding is that they didn't appeal the last case

 

That was my understanding until I had a conversation with a colleague who said that they had applied for permission to appeal - that's what I'm trying to clarify.

 

I'm a bit surprised that PT hasn't commented on the thread as I half expected him to be able to tell us immediately what the current situation is...


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That was my understanding until I had a conversation with a colleague who said that they had applied for permission to appeal - that's what I'm trying to clarify.

 

I'm a bit surprised that PT hasn't commented on the thread as I half expected him to be able to tell us immediately what the current situation is...

 

 

Bradley Say told me that they hadn't appealed it

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My colleague got his information from Robert Rosenberg - both are leading consumer credit barristers - that is why I am confused and trying to clarify what's happening


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Bradley Say told me that they hadn't appealed it

 

Tinkerbell - any chance of confirming when Bradley Say said that - was it recently ?


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My colleague got his information from Robert Rosenberg - both are leading consumer credit barristers - that is why I am confused and trying to clarify what's happening

 

Quite right too. CAG can't afford anything like that to 'slip under the radar' ...its worth trying to get confirmation either way.


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Quite right too. CAG can't afford anything like that to 'slip under the radar' ...its worth trying to get confirmation either way.

 

I've been told that the Court of Appeal reference is either (I made a rough note that I can't really read the middle number) A3 - 08 - 2236 OR A3 - 09 - 2236


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How can we look this up ?


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I've been told that the Court of Appeal reference is either (I made a rough note that I can't really read the middle number) A3 - 08 - 2236 OR A3 - 09 - 2236

 

If the appeal was this year the number will be 09 relating to this year.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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If the appeal was this year the number will be 09 relating to this year.

 

Not necesarily - the year number is the year that the application for permission was lodged - so if you put the papers in in November 08 and it doesn't get dealt with until April 09 - the case reference will be 08

 

On the basis that there would be a paper application which if refused would be followed (at a much later date) by an Oral hearing it probably is 08...


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Tinkerbell - any chance of confirming when Bradley Say said that - was it recently ?

 

 

I attended a training of his last month.

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