Trustee of the House of Leigh Trust vs Bank of Scotland

High Court dismisses injunction application by House of Leigh Trust against Bank of Scotland

The High Court, presided over by Fordham J, recently addressed an urgent application by the Trustee of the House of Leigh Trust, with Tobe Hayden Leigh as the beneficiary, against the Bank of Scotland. The application was made on 20th January 2025, seeking a without notice injunction to prevent the sale or repossession of two properties, 39 Glebe Lane and 476 Tonbridge Road.

The claimant, represented by Tobe Hayden Leigh in person, argued that the writs of possession and control issued by the Bank of Scotland were legally invalid. These writs had been sent by the bank's solicitors, TNT, via email on 24th June 2024, following a judgment in the bank's favour dated 13th March 2023. Mr Leigh contended that there had been numerous communications challenging the writs' validity and issues regarding access to court records.

Fordham J, however, was not persuaded by the arguments presented. The judge emphasised the importance of due process and the necessity of notifying the Bank of Scotland and its solicitors, TLT, before seeking such an injunction. The judge noted that the urgency claimed by Mr Leigh did not justify bypassing this procedural requirement, especially given the prior knowledge of the writs since June 2024.

The court also highlighted the lack of a viable legal basis for the injunction. Fordham J pointed out that any legal challenges to the writs should have been raised in the original proceedings, rather than through a new application. The judge underscored the importance of exercising procedural rights promptly within the context of existing proceedings.

While acknowledging the rights of parties under the Civil Procedure Rules to access court documents, Fordham J clarified that these rights did not support the injunction sought. The judge reaffirmed that the principles of open justice allow for access to court records, but this did not extend to granting the injunction on an urgent, without notice basis.

Ultimately, the High Court dismissed the application, reinforcing the need for proper notice and adherence to procedural norms in legal disputes. This decision underscores the judiciary's commitment to ensuring fairness and transparency in legal processes.

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For more information on property law and related legal procedures, see BeCivil's guide to UK Housing Law.