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Satoshi Kojima v HSBC Bank Plc [2011], CA, 09/11/11, Extempore

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The applicant appealed against a DJ's decision not to allow him to withdraw an admission he had made that he was indebted to the respondent bank. At first instance the judge had ordered that unless he executed a charge over his flat, judgment would be entered against him for the admitted amount. The applicant was later informed by solicitors that he had a defence to the claim, however his application to have the unless order revoked was refused. The CA held that the DJ had considered all the principles in CPR PD14 had had made a value judgement. The CA would only displace the decision if they had gone wrong in principle and there was no evidence this had occurred. It was impossible to say that his decision was one that he was not entitled to reach

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