Crown Estate Commissioners v Alexander [2001] EWCA Civ 1926 (6 December 2001)

Crown Estate Commissioners v Alexander [2001] EWCA Civ 1926 (6 December 2001)

There is no real prospect of success in an appeal against the refusal to join National Westminster Bank as a Part 20 defendant, as a favourable reference does not create a cause of action by the tenant against the bank. The undertaking by Anthony Alexander Limited did not satisfy any agreement with the landlord's agent. Permission to appeal is refused.

Citation
[2001] EWCA Civ 1926
Parties
Claimant/respondent: The Crown Estate Commissioners; Defendant/applicant: Anthony Alexander
Jurisdiction
England and Wales
Judgment Date
06 December 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal Orders of Central London County Court
Outcome
Permission to appeal refused; applications dismissed insofar as not withdrawn.
Legal Topics
Possession Proceedings, Assured Shorthold Tenancy, Joinder of Parties, References and Representations, Stay of Execution, Permission to Appeal
Landlord and Tenant Civil Procedure Possession Proceedings Assured Shorthold Tenancy Joinder of Parties References and Representations Stay of Execution Permission to Appeal

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Parties

The Crown Estate Commissioners

Claimant/respondent

Anthony Alexander

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Orders of Central London County Court

Legal Issues

  1. 1 Whether Mr Alexander has a cause of action against National Westminster Bank for providing a reference
  2. 2 Whether the undertaking by Anthony Alexander Limited satisfied any agreement with the landlord's agent
  3. 3 Whether permission to appeal should be granted against the refusal to join the bank as a Part 20 defendant

Ratio Decidendi

There is no real prospect of success in an appeal against the refusal to join National Westminster Bank as a Part 20 defendant, as a favourable reference does not create a cause of action by the tenant against the bank. The undertaking by Anthony Alexander Limited did not satisfy any agreement with the landlord's agent. Permission to appeal is refused.

Court Disposition

Permission to appeal refused; applications dismissed insofar as not withdrawn.

Orders

  • Application to join National Westminster Bank as Part 20 defendant dismissed
  • Permission to appeal refused