Mortgage

The judge had fallen into error in her analysis of evidence relating to three cheque stubs, alleged to be mortgage payments made by the second respondent, which the judge had taken as evidence which questioned the accuracy of the payment records held by the appellant mortgage company.

The Queen’s Bench Division, in allowing the appeal, held that the judgment for the appellant against the first respondent, to pay the judgment sum of £200,000, would be varied to the sum of £355,457.54, with the respondents ordered to give vacant possession of the property in question as they had not provided evidence that they could pay the revised higher sum.