Tag Archive for 'appeal'

Estoppel and s.2 – will we find out?

By Francis Davey on 23/12/2011. 0 Comments

In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting and important question about the interaction between estoppel and s.2 of the Law of Property (Miscellaneous Provisions) Act 1989 was therefore put off until trial.

The claimants appear to have been too excited to wait until then (or, more likely, but less poetically, they wanted to avoid the expense of a trial) and so appealed to the Court of Appeal. On Wednesday Stanley Burnton LJ refused … Read the full post

Posted in FLW case note, Mortgage possession, Possession, Trusts and Estoppel and Uncategorized. Tags: , , , , , .

Turning up is usually the best idea

By NL on 17/10/2011. 1 Comment

Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123

This, and please bear with me here, was an application for leave to appeal a Circuit Judge’s trial judgment. It was also an application for an injunction to restrain enforcement of the trial judgment, originally made in the High Court. It resulted from a possession claim and disrepair and personal injury counterclaim that had, at some stage, involved a claim for judicial review and an application for permission to appeal the refusal of permission for review. All this out of what should have been a fairly straightforward claim and counterclaim.

The actual appeal deals with non-attendance at trial, the … Read the full post

Posted in Assured Shorthold tenancy, Disrepair, FLW case note, Housing law - All and Possession. Tags: , , , .

A sorry tale

By J on 10/07/2011. 4 Comments

Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal.

M was the occupier of a property which had been bought by W. Possession proceedings were issued and W obtained an order for possession. M was refused permission to appeal. When M failed to leave the property, a judge attached a penal notice to the possession order. M still refused to leave and was sentenced to 14 days imprisonment (suspended to allow social services to investigate). M then appealed the committal … Read the full post

Posted in FLW case note, Housing law - All and Possession. Tags: , , .

Set Aside or Appeal, or both?

By NL on 20/03/2011. 1 Comment

Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241

This is a rather odd one. Although the case involves fraudulent sale and rent back agreements, mortgage possession and a rescinded sale and transfer of title, that isn’t why we’re writing it up. The reason this Court of Appeal case is worth attention is that it deals with, and gives guidance on, the routes available to someone seeking to overturn an order at trial that they did not attend, and specifically the interrelation of an application to set aside under CPR 39.3 and an appeal of the original order.

The background was that Mr and Mrs Pain … Read the full post

Posted in FLW case note, Housing law - All and Mortgage possession. Tags: , , , , .

Set-aside or Appeal?

By NL on 28/09/2010. 2 Comments

Islington LBC v Cecil and Grace Markland, Clerkenwell and Shoreditch County Court, 17/07/2010

The issue of whether a first hearing in a possession claim could be properly considered to be a trial came up in Forcelux Ltd v Binnie [2009] EWCA Civ 854 – our report here. The Court of Appeal held that, with possible exceptions, the first hearing was not a trial, and a decision at first hearing could be set aside under the case management powers in CPR rule 3.

This County Court appeal case is interesting as it raises the question of where the boundaries of the exceptions in Forcelux v Binnie may be.

Briefly, … Read the full post

Posted in FLW case note, Housing law - All and Possession. Tags: , , .

How late did you leave it?

By J on 19/12/2009. 1 Comment

Not a post about Christmas shopping, (which is all done, thanks to Amazon) but about delays in lodging appeals against ASBOs and the case of R (Birmingham CC) v Birmingham Crown Court; R (South Gloucestershire DC) v Bristol Crown Court [2009] EWHC 3329 (Admin).

When a Magistrates’ court makes a stand alone ASBO (s.1(1), Crime and Disorder Act 1998), appeal (by way of re-hearing) is to the Crown Court. Neither the CPR nor the Criminal Procedure Rules govern such applications, rather, they are dealt with by the Crown Court Rules 1982. Those rules require that notice of any appeal be lodged with the Crown Court within 21 days of … Read the full post

Posted in ASB and FLW case note. Tags: , , .

Costs on conceded appeals

By NL on 09/07/2009. 0 Comments

We had noted City of Westminster v Man [2009] EWCA Civ 236 when it was a permission to appeal hearing. Just a bit late, we have found the outcome. The issue was whether an interim costs order, on an application I think, was payable where proceedings as a whole had been stayed under a Tomlin Order. Mr Man had been ordered to pay £1000 by the court below, despite a Tomlin staying proceedings and giving costs against Westminster on the rest of the case. He appealed, acting in person.

Apparently, once the appeal was given permission, Westminster decided not to oppose it. So the issue was conceded However, they … Read the full post

Posted in Disrepair, FLW case note and Housing law - All. Tags: , , .
row of sheds footer image
2 pages