Kiloran Properties Limited v Amanda Clutterbuck & Anor

Facts

Kiloran Properties Limited, a Jersey company beneficially owned by Miss Amanda Clutterbuck, is the registered leasehold owner of Flat 1, 44-45 Hans Place and 80 Pavilion Road (First Floor Flat), London. Bank of Scotland held charges over the properties dated 5 June 2007 and 22 April 2008 and appointed Mr Mark Bailey and Mr Richard Parkinson as LPA receivers on 24 February 2022. Acting through the receivers, Kiloran brought possession claims in trespass against Miss Clutterbuck at Hans Place and Mr Ian Paton at Pavilion Road (the First Proceedings), to which each defended on the basis that they occupied as licensees. Kiloran then served notices to quit and issued further claims contending the licences had been terminated (the Licence Proceedings). The background included proceedings the Appellants brought against a woman anonymised as "SA", who obtained judgment and costs against them, and a confidential settlement between SA, Kiloran and Bank of Scotland. By a consent order dated 17 April 2025 all four claims were managed together and defences to the Licence Proceedings were to be served by 5 May 2025; two agreed extensions followed on account of Miss Clutterbuck's ill-health, but no defences were served. District Judge Avent refused relief from sanctions on 15 August 2025 and made possession orders. Both Appellants sought permission to appeal.