Evans and another (Appellant) v Swansea Building Society (Respondent)

Case summary

Case ID

UKSC/2026/0137

Parties

Appellant(s)

Paul Morgan Evans and Susannah Jane Evans

Respondent(s)

Swansea Building Society

Issue

(1) Can refinancing documentation which makes the borrower’s obligations and payment conditional upon specified requirements, including a first legal charge stated to be “Already held”, itself create a substitute equitable mortgage where that charge is ineffective and the lender advances funds despite those conditions not being satisfied? (2) Where an appellate court itself introduces during oral argument a new proprietary-law argument which formed no part of the parties' written cases, and counsel expressly states that he is considering the Court's points for the first time, what opportunity to address that point must be afforded before the court may finally determine it as a substantive basis for its decision?

Facts

On 7 December 2018 the Appellants purchased a residential property in Swansea with the assistance of a £484,500 mortgage from the Respondent. On 14 October 2020 the parties agreed a further loan of £770,000, secured by a legal charge over the property. The term of the 2020 mortgage expired in October 2023. In April 2024 the Respondent issued possession proceedings, which came before Deputy District Judge Wilson in July 2024. DDJ Wilson held that the Appellants had breached the 2020 mortgage and ordered that they give up possession of the property. The Appellants made various applications over the subsequent two years. These were rejected by the courts, with some being marked as totally without merit. Most relevantly for this appeal, on 20 February 2026 Ritchie J rejected several applications from the Appellants. The Appellants emailed the court to request an oral reconsideration of Ritchie J’s decision. On 24 February 2026 Ritchie J struck out the email request on the basis that it was not made with permission under the Appellants’ civil restraint orders. Nugee LJ granted the Appellants permission to appeal this order on 10 March 2026. The original possession order was ultimately enforced on 30 March 2026. This application is for permission to appeal the order of the Court of Appeal dated 28 July 2026 where the court rejected the underlying appeal application and refused an injunction on the sale of the property.

Date of issue

16 September 2026

Case origin

PTA

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