On 28 July 2026, the Court of Appeal (Zacaroli LJ, Miles LJ, Dove LJ) handed down judgment in Evans v Swansea Building Society [2026] EWCA Civ 978.

The underlying appeal concerned the scope of an appellant’s right to the oral reconsideration of an application for permission to appeal under CPR 52.4(2). Whilst the order refusing an oral reconsideration was set aside by consent at an early stage, the hearing before the Court of Appeal focused upon three contested issues: a) whether the Court should exercise the High Court’s powers in order to hear the oral reconsideration forthwith; b) if so, how the oral reconsideration should be disposed of; and c) the appellants’ application for an interim injunction or stay preventing the sale of a mortgaged residential property of which the respondent was now in possession.

The appellants’ overarching position rested upon new evidence allegedly impugning the validity of the respondent’s security. On that footing, the application for injunctive relief was premised upon a separate claim to set aside the possession order as having been obtained by fraud (along with an application to re-open a final appeal under CPR 51.30). The appellants also sought to injunct the proposed sale on the additional basis that it was due to take place at an undervalue.

Rory’s client was successful on all three contested issues. The Court of Appeal’s decision provides helpful guidance concerning the approach to be taken where the parties take a different view of whether consequential issues ought to be remitted to the court below. More generally, the judgment is also useful reading for practitioners dealing with late applications based upon new evidence and allegations in appeal proceedings.

Rory Forsyth appeared for the successful respondent, instructed by Ashley Davies and Olivia Budge at Morgan LaRoche.

Read the full judgment: Rory Forsyth successful in Court of Appeal: Evans v Swansea Building Society [2026] EWCA Civ 978