On 26/8/2016, the Court of Appeal granted Mrs Diana Loson permission to appeal on a second appeal.
On 17 April 2018, the Court of Appeal determined the appeal. It provided guidance on the correct test to vary a judgment debt under CPR r 40.9A.
The Court of Appeal rejected the contention that the test to vary a judgment debt under CPR r 40.9A is one of exceptional circumstances.
The Court of Appeal provided further guidance to the Courts on the circumstances in which a creditor can enforce a judgment debt, and a debtor is entitled to payments by instalments.
On the basis of this guidance, the Court of Appeal set aside the order made by the learned District Judge.
On 2 May 2018, Ms Diana Loson filed a petition with the United Kingdom Supreme Court seeking leave to appeal against the Court of Appeal’s guidance. A decision is now pending.
Arfan Khan was instructed in the Court of Appeal and is instructed on appeal to the Supreme Court. He did not appear in the proceedings below.
The decision of the Court of Appeal can be accessed here