Bartlett v Bristol & West plc

[2001] All ER (D) 404 (Nov) QBD 2/11/01 HHJ Havelock-Allan QC

Barrister: John Dickinson
Area of Law: Banking and Commercial Dispute Resolution
John represented the building society successfully both at first instance and on appeal to the High Court in its claim against mortgage borrowers for a shortfall sum following the sale of the property, establishing that the mortgage debt remained due despite the power of sale having been exercised and that section 20 of the Limitation Act 1980 applied. The result was confirmed in the Court of Appeal case under different representation Bristol & West plc v Bartlett; Paragon Finance plc v Banks; Halifax plc v Grant [2002] EWCA Civ 1811 [2003] 1 WLR 284.