Family Housing Association v Donnellan & Ors [2001] EWCA Civ 1840 (23 November 2001)

Family Housing Association v Donnellan & Ors [2001] EWCA Civ 1840 (23 November 2001)

The Court of Appeal's decision in Pye v Graham is binding authority that the Limitation Act 1980, as applied to adverse possession, is not incompatible with the European Convention on Human Rights. The Housing Association's proposed amendments are unarguable in light of that authority. Permission to appeal is granted solely to allow the applicant to seek leave to appeal to the House of Lords, but the appeal is dismissed.

Citation
[2001] EWCA Civ 1840
Parties
Claimant/applicant: Family Housing Association; Defendant/respondent: Phillipa Donnellan; Defendant/respondent: Andrew Cato; Defendant/respondent: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
23 November 2001
Procedural Posture
Civil Appeal / Permission to Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Permission to appeal granted; appeal dismissed; no order as to costs.
Legal Topics
Adverse Possession, Limitation Act 1980, Human Rights Act 1998, European Convention on Human Rights, Article 6 ECHR, Article 1 First Protocol ECHR, Amendment of Pleadings
Property Law Human Rights Law Civil Procedure Adverse Possession Limitation Act 1980 Human Rights Act 1998 European Convention on Human Rights Article 6 ECHR +2 more

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Parties

Family Housing Association

Claimant/applicant

Phillipa Donnellan

Defendant/respondent

Andrew Cato

Defendant/respondent

Persons Unknown

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Limitation Act 1980, as applied to extinguish title after 12 years' adverse possession, is incompatible with Article 1 of the First Protocol and/or Article 6 of the European Convention on Human Rights as incorporated by the Human Rights Act 1998
  2. 2 Whether the Housing Association should be permitted to amend pleadings to raise a human rights argument
  3. 3 Whether the Court of Appeal's decision in Pye v Graham is binding or merely persuasive (obiter dicta)

Ratio Decidendi

The Court of Appeal's decision in Pye v Graham is binding authority that the Limitation Act 1980, as applied to adverse possession, is not incompatible with the European Convention on Human Rights. The Housing Association's proposed amendments are unarguable in light of that authority. Permission to appeal is granted solely to allow the applicant to seek leave to appeal to the House of Lords, but the appeal is dismissed.

Court Disposition

Permission to appeal granted; appeal dismissed; no order as to costs.

Orders

  • Permission to appeal granted
  • Appeal dismissed