Kemp v Kemp [2002] EWCA Civ 610 (22 April 2002)

Kemp v Kemp [2002] EWCA Civ 610 (22 April 2002)

The claim for occupation rent was barred by laches due to extraordinary delay and resulting prejudice to the claimant, as key witnesses were deceased and the facts could not be disputed. Even if the defendant was otherwise entitled to occupation rent, the equitable remedy was unavailable due to the delay.

Citation
[2002] EWCA Civ 610
Parties
Claimant/respondent: Betty Maud Kemp; Defendant/applicant: Ernest Russell Kemp
Jurisdiction
England and Wales
Judgment Date
22 April 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal Out of Time
Outcome
Application for permission to appeal refused
Legal Topics
Occupation Rent, Laches, Trusts of Land and Appointment of Trustees Act 1996, Equitable Remedies
Trusts and Estates Property Law Civil Procedure Occupation Rent Laches Trusts of Land and Appointment of Trustees Act 1996 Equitable Remedies

Case Brief

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Parties

Betty Maud Kemp

Claimant/respondent

Ernest Russell Kemp

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the defendant is entitled to an occupation rent for the period of occupation by Cecil Kemp
  2. 2 Whether the claim for occupation rent is barred by laches

Ratio Decidendi

The claim for occupation rent was barred by laches due to extraordinary delay and resulting prejudice to the claimant, as key witnesses were deceased and the facts could not be disputed. Even if the defendant was otherwise entitled to occupation rent, the equitable remedy was unavailable due to the delay.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused