Cox v Azdigh [2002] EWCA Civ 1251 (31 July 2002)

Cox v Azdigh [2002] EWCA Civ 1251 (31 July 2002)

Mr Cox has an arguable point that rent arrears accrued during the partnership are a partnership debt, not his sole liability, justifying limited permission to appeal. Other findings, including loss of earnings and refusal to suspend the possession warrant, are findings of fact or within judicial discretion and do not warrant permission to appeal.

Citation
[2002] EWCA Civ 1251
Parties
Claimant/applicant; Defendant/applicant: John Cox; Defendant/respondent: Ali Azdigh; Claimant/respondent: Abbey National PLC
Jurisdiction
England and Wales
Judgment Date
31 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal From County Court Judgments
Outcome
Permission to appeal in partnership action granted to limited extent; permission to appeal in mortgage matter refused.
Legal Topics
Partnership Dissolution, Rent Liability, Possession Proceedings, Mortgage Arrears, Appeal Procedure
Civil Procedure Partnership Law Property Law Partnership Dissolution Rent Liability Possession Proceedings Mortgage Arrears Appeal Procedure

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Parties

John Cox

Claimant/applicant; Defendant/applicant

Ali Azdigh

Defendant/respondent

Abbey National PLC

Claimant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From County Court Judgments

Legal Issues

  1. 1 Whether Mr Cox is solely liable for rent arrears accrued during the partnership period
  2. 2 Whether the partnership dissolution agreement settled all liabilities between partners
  3. 3 Whether Mr Cox is entitled to damages for loss of earnings after eviction

Ratio Decidendi

Mr Cox has an arguable point that rent arrears accrued during the partnership are a partnership debt, not his sole liability, justifying limited permission to appeal. Other findings, including loss of earnings and refusal to suspend the possession warrant, are findings of fact or within judicial discretion and do not warrant permission to appeal.

Court Disposition

Permission to appeal in partnership action granted to limited extent; permission to appeal in mortgage matter refused.

Orders

  • Permission to appeal granted to Mr Cox on the rent liability point only, limited to potential reduction of £1,150 from judgment against him.
  • Permission to appeal in mortgage possession matter refused.