Lloyds Bank Plc v Rogers, Court of Appeal - Civil Division, July 16, 1999, [1999] EWCA Civ 1874

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Lloyds Bank Plc v Rogers, Court of Appeal - Civil Division, July 16, 1999, [1999] EWCA Civ 1874

IN THE SUPREME COURT OF JUDICATURE CCRTI 98/1471/2

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM BODMIN COUNTY COURT

(His Honour Judge Anthony Thompson QC)

Royal Courts of Justice

The Strand

London WC2

Friday 16th July, 1999

B e f o r e:

LORD JUSTICE EVANS

LORD JUSTICE AULD

- - - - - -

LLOYDS BANK PLC

Respondent

- v -

DEREK EDWARD STUART ROGERS

Appellant

- - - - - -

(Handed down Transcript of Smith Bernal Reporting Ltd

180 Fleet Street, London EC4A 2HG

Tel: 0171 421 4040

Official Shorthand Writers to the Court)

- - - - - -

MR M CROALLY (Instructed by Messrs Alison Trent & Co., London EC4A 2BU) appeared on behalf of the Appellant

MR S BROWN-WILKINSON QC and MR J CHAPMAN (Instructed by Messrs Foot & Bowden, Plymouth, Devon PL1 2SW) appeared on behalf of the Respondent

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J U D G M E N T

(As approved by the Court)

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LORD JUSTICE AULD: This is an appeal by the first defendant, Mr Derek Rogers, from an amended order of His Hon. Judge Anthony Thompson, Q.C., on 8th September 1998 in the Bodmin County Court, upholding the decision of Deputy District Judge Rutherford allowing the plaintiff, Lloyds Bank PLC, to amend its particulars of claim for possession of mortgaged property to add claims for principal and interest due under an associated guarantee and an overdraft, and to re-amend its amended reply and counterclaim.

The Bank's claim against Mr and Mrs Rogers is for possession of their property pursuant to the terms of a legal charge over it of 12th October 1990 and a written guarantee by them of 25th May 1991 in respect of the borrowings by their family company from the Bank.

On 27th April 1992, by which time the Rogers' indebtedness under the guarantee ...

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