Markos v Goodfellow & Ors [2002] EWCA Civ 1542 (11 October 2002)

Markos v Goodfellow & Ors [2002] EWCA Civ 1542 (11 October 2002)

The Court of Appeal held that Mitting J's purported refusal of permission to appeal was in substance a grant of permission and a partial allowance of the appeal, and that the use of the slip rule to amend the County Court order was a misuse because it was not correcting an accidental slip or omission. The appeal was allowed, the case remitted to the High Court for proper determination, and costs awarded to the appellant.

Citation
[2002] EWCA Civ 1542
Parties
Claimant/appellant: Milica Markos; Defendant/respondent: Alan Leonard Goodfellow; Defendant/respondent: James Christian Barke; Defendant/respondent: Oliver David Barke
Jurisdiction
England and Wales
Judgment Date
11 October 2002
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed with costs; case remitted to High Court for determination of permission to appeal and further proceedings.
Legal Topics
Boundary Disputes, Trespass, Adverse Possession, Slip Rule (cpr 40.12), Appeals Procedure, Costs
Property Law Civil Procedure Boundary Disputes Trespass Adverse Possession Slip Rule (cpr 40.12) Appeals Procedure Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Milica Markos

Claimant/appellant

Alan Leonard Goodfellow

Defendant/respondent

James Christian Barke

Defendant/respondent

Oliver David Barke

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the slip rule (CPR 40.12) was properly used to amend the County Court order
  2. 2 Whether permission to appeal was substantively granted or refused by Mitting J
  3. 3 What relief should follow from a finding of minimal trespass

Ratio Decidendi

The Court of Appeal held that Mitting J's purported refusal of permission to appeal was in substance a grant of permission and a partial allowance of the appeal, and that the use of the slip rule to amend the County Court order was a misuse because it was not correcting an accidental slip or omission. The appeal was allowed, the case remitted to the High Court for proper determination, and costs awarded to the appellant.

Court Disposition

Appeal allowed with costs; case remitted to High Court for determination of permission to appeal and further proceedings.

Orders

  • Appeal allowed
  • Case remitted to a different High Court judge for determination of the application for permission to appeal from the County Court