Bowen-Griffith v London Borough Of Barnet [2002] EWCA Civ 626 (24 April 2002)

Bowen-Griffith v London Borough Of Barnet [2002] EWCA Civ 626 (24 April 2002)

There is no real prospect of success on appeal as the trial judge's findings of fact and credibility were open to him on the evidence and are not susceptible to appellate interference.

Citation
[2002] EWCA Civ 626
Parties
Claimant/applicant: Jo-Ann Lucille Bowen-Griffith; Defendant/respondent: London Borough of Barnet
Jurisdiction
England and Wales
Judgment Date
24 April 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal From County Court Order
Outcome
Application for permission to appeal dismissed; application for stay pending appeal dismissed; 28-day stay of possession order granted to allow application to county court.
Legal Topics
Possession Proceedings, Damages for Loss of Possessions, Assessment of Evidence, Stay of Possession Order
Landlord and Tenant Civil Procedure Possession Proceedings Damages for Loss of Possessions Assessment of Evidence Stay of Possession Order

Case Brief

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Parties

Jo-Ann Lucille Bowen-Griffith

Claimant/applicant

London Borough of Barnet

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred in dismissing the applicant's damages claim
  2. 2 Whether the trial judge's findings of fact and assessment of credibility were perverse or unsupported
  3. 3 Whether a stay of the possession order should be granted

Ratio Decidendi

There is no real prospect of success on appeal as the trial judge's findings of fact and credibility were open to him on the evidence and are not susceptible to appellate interference.

Court Disposition

Application for permission to appeal dismissed; application for stay pending appeal dismissed; 28-day stay of possession order granted to allow application to county court.

Orders

  • Application for permission to appeal dismissed
  • Application for stay pending appeal dismissed