Carty & Ors v Carroll [2005] EWCA Civ 1446 (02 November 2005)

Carty & Ors v Carroll [2005] EWCA Civ 1446 (02 November 2005)

Recorder was entitled to find that the trustees' refusal of consent was unreasonable as the alleged incidents did not justify withholding consent; insurance concerns were based on unreasonable beliefs and not material facts.

Citation
[2005] EWCA Civ 1446
Parties
Claimant/respondent: Anthony Valentine Carty; Claimant/respondent: Raquel Mercedes White; Claimant/respondent: Graeme Johnson; Defendant/appellant: Peter Dan Carroll; Defendant/appellant: Paul Hawkins
Jurisdiction
England and Wales
Judgment Date
02 November 2005
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Assignment of Licence, Reasonableness of Consent, Trustee Obligations, Insurance Disclosure
Property Law Contract Law Assignment of Licence Reasonableness of Consent Trustee Obligations Insurance Disclosure

Case Brief

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Parties

Anthony Valentine Carty

Claimant/respondent

Raquel Mercedes White

Claimant/respondent

Graeme Johnson

Claimant/respondent

Peter Dan Carroll

Defendant/appellant

Paul Hawkins

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether trustees unreasonably withheld consent to assignment of licence to use swimming pool
  2. 2 Whether alleged incidents justified refusal of consent
  3. 3 Whether insurance concerns justified refusal

Ratio Decidendi

Recorder was entitled to find that the trustees' refusal of consent was unreasonable as the alleged incidents did not justify withholding consent; insurance concerns were based on unreasonable beliefs and not material facts.

Court Disposition

Permission to appeal refused

Orders

  • Application refused
  • No order for costs