Sibley v Peer Securities Ltd [2001] EWCA Civ 129 (19 January 2001)

Sibley v Peer Securities Ltd [2001] EWCA Civ 129 (19 January 2001)

The defendant had no real prospect of success on lease construction, estoppel, or damages; the courts below reached the correct result and the appeal did not raise any important point of principle or practice or compelling reason for permission to appeal.

Citation
[2001] EWCA Civ 129
Parties
Appellant/defendant: David Mark Sibley; Respondent/claimant: Peer Securities Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Lease Construction, Proprietary Estoppel, Easements, Summary Judgment, Damages
Property Law Landlord and Tenant Lease Construction Proprietary Estoppel Easements Summary Judgment Damages

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 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David Mark Sibley

Appellant/defendant

Peer Securities Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the lease permitted building over the pedestrian access
  2. 2 Whether the defendant is estopped from complaining about the blockage
  3. 3 Whether the defendant suffered loss due to breach of contract

Ratio Decidendi

The defendant had no real prospect of success on lease construction, estoppel, or damages; the courts below reached the correct result and the appeal did not raise any important point of principle or practice or compelling reason for permission to appeal.

Court Disposition

Application refused

Orders

  • Application dismissed
  • Costs awarded to respondent