Silver Fern Microlights Ltd v Jones & Ors [2016] EWCA Civ 277 (02 March 2016)

Silver Fern Microlights Ltd v Jones & Ors [2016] EWCA Civ 277 (02 March 2016)

The claimant consensually vacated the premises and declined an offer to return; there was no constructive eviction or unlawful termination by the defendants. The judge's findings of fact are not susceptible to successful appeal.

Citation
[2016] EWCA Civ 277
Parties
Claimant: Silver Fern Microlights Ltd; Defendants: Jones & Ors
Jurisdiction
England and Wales
Judgment Date
02 March 2016
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Constructive Eviction, Lease Vs Licence, Repair Obligations, Consultancy Services
Property Law Contract Law Constructive Eviction Lease Vs Licence Repair Obligations Consultancy Services

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2
Sign in to unlock

Parties

Silver Fern Microlights Ltd

Claimant

Jones & Ors

Defendants

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant was constructively evicted from the premises
  2. 2 Whether the claimant occupied the premises under a lease or licence
  3. 3 Whether the defendants breached repair obligations

Ratio Decidendi

The claimant consensually vacated the premises and declined an offer to return; there was no constructive eviction or unlawful termination by the defendants. The judge's findings of fact are not susceptible to successful appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Application for stay of execution refused