Gibbons (A Firm) v Pickard [2002] EWCA Civ 1357 (5 September 2002)

Gibbons (A Firm) v Pickard [2002] EWCA Civ 1357 (5 September 2002)

Permission to appeal should be granted because the Recorder's judgment failed to address the significant argument of exclusive possession, rendering the judgment defective.

Citation
[2002] EWCA Civ 1357
Parties
Claimant/applicant: Gibbons (a firm); Defendant/respondent: John Colin Pickard
Jurisdiction
England and Wales
Judgment Date
05 September 2002
Procedural Posture
Civil Appeal / Permission to Appeal Renewed Before Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Exclusive Possession, Agricultural Tenancy, Defective Judgment, Permission to Appeal
Property Law Agricultural Tenancy Exclusive Possession Defective Judgment Permission to Appeal

Case Brief

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Parties

Gibbons (a firm)

Claimant/applicant

John Colin Pickard

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal Renewed Before Court of Appeal

Legal Issues

  1. 1 Whether the defendant had an agricultural tenancy
  2. 2 Whether exclusive possession was established
  3. 3 Whether the Recorder's judgment was defective for failing to address exclusive possession

Ratio Decidendi

Permission to appeal should be granted because the Recorder's judgment failed to address the significant argument of exclusive possession, rendering the judgment defective.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed
  • Case to be heard before three judges, one of whom may be a High Court Judge