Black v Pastouna & Anor [2005] EWCA Civ 1389 (31 October 2005)

The judge's findings of fact, based on witness evidence and limited documentary material, were not plainly wrong and Miss Black's case depended on her being party to a conspiracy, which undermined credibility; permission to appeal refused.

Citation: [2005] EWCA Civ 1389
Parties: Defendant/appellant: Christine Black; Claimant/respondent: Nadia Pastouna; Claimant/respondent: Natasha Pastouna
Jurisdiction: England and Wales
Judgment Date: 31 October 2005
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: Permission to appeal refused
Legal Topics: Assured Tenancy, Possession Proceedings, Costs Assessment, Video Conferencing in Civil Courts

Property Law Civil Procedure Assured Tenancy Possession Proceedings Costs Assessment Video Conferencing in Civil Courts

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Parties

Christine Black

Defendant/appellant

Nadia Pastouna

Claimant/respondent

Natasha Pastouna

Claimant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether Miss Black had a beneficial interest in the property
2 Whether the assured tenancy was a sham
3 Whether the judge's findings of fact should be overturned

Ratio Decidendi

Court Disposition

Permission to appeal refused

Orders

Matter to go for comparative costs assessment
Costs judge to enquire about comparative costs of video-conferencing versus in-person attendance