Appeal dismissed as borrowers failed to prove defects in execution of possession order for mortgaged property

The Court of Appeal dismissed an appeal by the borrowers against a High Court order requiring them to vacate and not interfere with a property, following a long-standing dispute over mortgage arrears and a possession order. The borrowers argued that the execution process to enforce the order for possession was defective, principally on the grounds that they were not given notice of the renewal of the execution order and that procedural requirements were not met. The Court of Appeal held that the relevant Circuit Court Rules did not require notice to be given to the borrowers for the renewal of an execution order within six years of the original order, and that all statutory and procedural requirements had been met by the lender and its successor. The Court found no substance in the borrowers’ arguments regarding procedural defects or lack of authority, affirmed the High Court's decision, and ordered that the lender is entitled to its costs of the appeal, subject to submissions. The judgment also highlighted the importance of compliance with court orders and clarified the evidential standards for contesting execution processes in possession cases.