Lee & Anor v Stephens & Anor [2002] EWCA Civ 451 (26 March 2002)

Lee & Anor v Stephens & Anor [2002] EWCA Civ 451 (26 March 2002)

The transcript shows Mr Stephens understood and agreed to the consent order; there was no evidence of incapacity or misunderstanding at the time. Therefore, there is no real prospect of the court setting aside the judgment.

Citation
[2002] EWCA Civ 451
Parties
Claimant/respondent: Jason Lee; Claimant/respondent: Linda Maher; First Defendant/appellant: Paul Clive Stephens; Second Defendant: June Stephens
Jurisdiction
England and Wales
Judgment Date
26 March 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Consent Orders, Setting Aside Judgments, Harassment, Damages, Legal Aid
Civil Procedure Landlord and Tenant Consent Orders Setting Aside Judgments Harassment Damages Legal Aid

Case Brief

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Parties

Jason Lee

Claimant/respondent

Linda Maher

Claimant/respondent

Paul Clive Stephens

First Defendant/appellant

June Stephens

Second Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the consent order should be set aside due to alleged misunderstanding and ill health of the appellant
  2. 2 Whether the appellant comprehended the terms and consequences of the consent order

Ratio Decidendi

The transcript shows Mr Stephens understood and agreed to the consent order; there was no evidence of incapacity or misunderstanding at the time. Therefore, there is no real prospect of the court setting aside the judgment.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused