Success for Eleanor d’Arcy in High Court mortgage possession proceedings

January 9, 2025

Eleanor d’Arcy from Exchange Chambers, instructed by Eversheds Sutherland and led by Jonathan Gaunt KC, appeared in the High Court for the successful claimant in mortgagee possession proceedings in Together Commercial Finance Ltd v Fay of London Ltd [2025] EWHC 12 (Ch).

The case concerned an application by the Defendant, Fay of London Limited (“FOL”) and Ms Tatiana Peganova (“Ms Peganova”) for orders (a) adding Ms Peganova as second Defendant; (b) to amend the Defence and to bring a Counterclaim by FOL. The original Defence served on 20 March 2023 was struck out by order of Master Arkush dated 9 July 2024.

HH Judge Davis-White KC found that Ms Peganova’s case had no real prospect of success and neither did the proposed Defence and Counterclaim of FOL.

You can read the judgment here.