Kingley Developments Ltd v L Brundenell & E L Elcock

Kingley Developments Ltd v L Brundenell & E L Elcock

Permission to appeal is granted on all grounds except grounds 4 and 6, as the applicants have demonstrated a real prospect of success on the main grounds relating to the judge's approach to the forgery defence, weighing of evidence, and treatment of similar fact evidence. The judge's findings, while careful, are arguably open to challenge on these points.

Parties
Applicant/claimant: Kingley Developments Ltd; Respondent/defendant: L Brundenell; Respondent/defendant: E L Elcock
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Civil Appeal / Permission to Appeal (renewed Oral Application)
Outcome
Permission to appeal granted on all grounds except grounds 4 and 6; application to amend grounds and introduce fresh evidence refused.
Legal Topics
Forgery, Possession Proceedings, Non Est Factum, Admission of Evidence, Appeal Grounds
Property Law Civil Procedure Forgery Possession Proceedings Non Est Factum Admission of Evidence Appeal Grounds

Case Brief

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Parties

Kingley Developments Ltd

Applicant/claimant

L Brundenell

Respondent/defendant

E L Elcock

Respondent/defendant

Procedural Posture

Civil Appeal / Permission to Appeal (renewed Oral Application)

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the forgery defence
  2. 2 Whether the trial judge wrongly excluded relevant evidence
  3. 3 Whether the trial judge failed to properly weigh expert and non-expert evidence

Ratio Decidendi

Permission to appeal is granted on all grounds except grounds 4 and 6, as the applicants have demonstrated a real prospect of success on the main grounds relating to the judge's approach to the forgery defence, weighing of evidence, and treatment of similar fact evidence. The judge's findings, while careful, are arguably open to challenge on these points.

Court Disposition

Permission to appeal granted on all grounds except grounds 4 and 6; application to amend grounds and introduce fresh evidence refused.

Orders

  • Permission to appeal granted on all grounds except grounds 4 and 6.
  • Current stay of the possession order extended until conclusion of the full appeal.