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Mortgage – Loan secured by mortgage. The Court of Appeal, Civil Division, in dismissing the appellant borrowers' appeal, affirmed the judge's decision, which itself had affirmed the decision of a district judge, that it was an abuse of process to seek to litigate questions arising out of the Financial Services and Markets Act 2000 more than two years after the making of an order for possession. Issue estoppel could not be set up against statutory provisions enacted for the protection of certain vulnerable categories of person or for the protection of others who engaged in dealings with such persons, but it did not follow that the respondent lender could not rely on abuse of process.
Mortgage – Loan secured by mortgage. The Court of Appeal, Civil Division, in dismissing the appellant borrowers' appeal, affirmed the judge's decision, which itself had affirmed the decision of a district judge, that it was an abuse of process to seek to litigate questions arising out of the Financial Services and Markets Act 2000 more than two years after the making of an order for possession. Issue estoppel could not be set up against statutory provisions enacted for the protection of certain vulnerable categories of person or for the protection of others who engaged in dealings with such persons, but it did not follow that the respondent lender could not rely on abuse of process.
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