Silver Fern Microlights Ltd v Jones & Ors

Silver Fern Microlights Ltd v Jones & Ors

The judge's findings that there was no constructive eviction, that the claimant vacated consensually, and that there was no agreement for consultancy services are findings of fact with no real prospect of successful appeal. The legal nature of the occupation (lease or licence) was immaterial to the outcome given the primary findings.

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, Breach of Undertaking, Consultancy Services Claim
Property Law Contract Law Constructive Eviction Lease Vs Licence Breach of Undertaking Consultancy Services Claim

Case Brief

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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 unlawfully evicted (constructive eviction) from the premises
  2. 2 Whether the claimant was entitled to payment for consultancy services
  3. 3 Whether the judge erred in not determining the lease or licence status

Ratio Decidendi

The judge's findings that there was no constructive eviction, that the claimant vacated consensually, and that there was no agreement for consultancy services are findings of fact with no real prospect of successful appeal. The legal nature of the occupation (lease or licence) was immaterial to the outcome given the primary findings.

Court Disposition

Permission to appeal refused

Orders

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