Savory & Ors v Morrison (t/a Park Home Estates) [2001] EWCA Civ 1225 (23 July 2001)

Savory & Ors v Morrison (t/a Park Home Estates) [2001] EWCA Civ 1225 (23 July 2001)

The appellant's policy of allowing incoming licensees to bring pet dogs onto the park, except in limited cases such as guide dogs or dogs necessary for the quality of life, constituted a breach of the implied term not to encourage or authorise breaches of park rules, as the circumstances relied on were not 'special circumstances' within the meaning of rule 18.

Citation
[2001] EWCA Civ 1225
Parties
Claimants/respondents: Alan Savory and others; Defendant/appellant: Henry Morrison t/a Park Home Estates
Jurisdiction
England and Wales
Judgment Date
23 July 2001
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Quiet Enjoyment, Construction of Contractual Terms, Mobile Homes Act 1983, Park Rules
Contract Law Landlord and Tenant Law Implied Terms Quiet Enjoyment Construction of Contractual Terms Mobile Homes Act 1983 Park Rules

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Parties

Alan Savory and others

Claimants/respondents

Henry Morrison t/a Park Home Estates

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the appellant breached an implied term not to encourage or authorise occupiers to breach park rules
  2. 2 Proper construction of rule 18 regarding dogs as pets

Ratio Decidendi

The appellant's policy of allowing incoming licensees to bring pet dogs onto the park, except in limited cases such as guide dogs or dogs necessary for the quality of life, constituted a breach of the implied term not to encourage or authorise breaches of park rules, as the circumstances relied on were not 'special circumstances' within the meaning of rule 18.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at £5,500