Wood v De Souza [2001] EWCA Civ 181 (5 February 2001)

Wood v De Souza [2001] EWCA Civ 181 (5 February 2001)

The appellant was a mere licensee and the licence had been determined; there was no jurisdiction to grant permission to appeal on substantive issues from a refusal of permission to appeal; the orders for possession and costs were correct and unassailable.

Citation
[2001] EWCA Civ 181
Parties
Respondent/claimant: Charles Henry Wood; Appellant/defendant: Gail Maria De Souza
Jurisdiction
England and Wales
Judgment Date
05 February 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Application refused
Legal Topics
Possession Proceedings, Licensee Rights, Appeals Process
Property Law Civil Procedure Possession Proceedings Licensee Rights Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Henry Wood

Respondent/claimant

Gail Maria De Souza

Appellant/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the appellant had a legal right to remain in the premises as more than a licensee
  2. 2 Whether there was jurisdiction to grant permission to appeal against refusal of permission to appeal by the circuit judge
  3. 3 Whether the orders for costs and refusal to stay the warrant for possession were correct

Ratio Decidendi

The appellant was a mere licensee and the licence had been determined; there was no jurisdiction to grant permission to appeal on substantive issues from a refusal of permission to appeal; the orders for possession and costs were correct and unassailable.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused
  • No order for costs