Miller -Foulds v Secretary of State for Constitutional Affairs

Miller -Foulds v Secretary of State for Constitutional Affairs

There is adequate secondary evidence, authenticated by court officials, proving the existence and terms of the 1991 possession order. The record cards are valid court records, and the proceedings are an abuse of process due to failure to join all relevant parties and lack of practical utility.

Parties
Claimant/respondent: Miller-Foulds; Defendant/appellant: The Secretary of State for Constitutional Affairs
Jurisdiction
England and Wales
Judgment Date
20 November 2008
Procedural Posture
Civil / Judgment
Outcome
Claims dismissed as wholly without merit; permission to appeal refused.
Legal Topics
Abuse of Process, Declaratory Relief, Secondary Evidence, Court Records, Possession Orders
Civil Procedure Property Law Abuse of Process Declaratory Relief Secondary Evidence Court Records Possession Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Miller-Foulds

Claimant/respondent

The Secretary of State for Constitutional Affairs

Defendant/appellant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there is evidence of the existence or effect of a possession order made by Brentford County Court on 5 November 1991
  2. 2 Whether the court records and secondary evidence are sufficient to prove the existence and terms of the 1991 order
  3. 3 Whether the proceedings are an abuse of process due to failure to join all relevant parties and lack of practical utility

Ratio Decidendi

There is adequate secondary evidence, authenticated by court officials, proving the existence and terms of the 1991 possession order. The record cards are valid court records, and the proceedings are an abuse of process due to failure to join all relevant parties and lack of practical utility.

Court Disposition

Claims dismissed as wholly without merit; permission to appeal refused.

Orders

  • Any application for wasted costs order to be issued and served by 12 December 2008; evidence in response to be filed by 30 January 2009; evidence in reply by 13 February 2009; all costs issues to be resolved at the same time as any wasted costs application; hearing to be listed after 20 February 2009 before Judge...