The Court of Appeal granted leave to appeal from a decision refusing non-parties to a mortgage contract leave to plead a defence under the Contracts Review Act 1980 in possession proceedings. The Court held there was at least an arguable case that non-parties have standing to bring an action under the Act and identified the question of what constitutes the indicia of standing under the Contracts Review Act as an important unresolved question of statutory construction. The substantive question of standing was not determined and remained to be resolved on the appeal.
The full text is available to signed-in members.