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Court of Appeal has dismissed an appeal from the High Court, and affirmed the dismissal of a plaintiff's claim for mental injury arising from attempts by a bank to repossess property that had been mortgaged by her husband. As the claim was for personal injuries, it would have been necessary for her to apply to the Injuries Resolution Board. As she had not, the action was bound to fail.
Court of Appeal, abuse of process, bankruptcy, family home, property rights, receiver, injunction, contempt of court, mental injury, Personal Injuries Assessment Board (PIAB), Injuries Resolution Board, Civil Liability Act 1961, Personal Injuries Assessment Board Act 2003, emotional trauma, assault, pre-authorization, cross-appeal.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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