Kingley Developments Ltd v L Brundenell & E L Elcock [2015] EWCA Civ 823 (24 June 2015)

Kingley Developments Ltd v L Brundenell & E L Elcock [2015] EWCA Civ 823 (24 June 2015)

Permission to appeal is granted on all grounds except those relating to the rejection of late evidence, as the applicant has demonstrated arguable grounds that the trial judge may have erred in his approach to the evidence of forgery and the weighing of expert and similar fact evidence. The exclusion of late evidence was a proper exercise of discretion and does not justify permission to appeal.

Citation
[2015] EWCA Civ 823
Parties
Applicant/claimant: Kingley Developments Ltd; Respondent/defendant: L Brundenell; Respondent/defendant: E L Elcock
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Civil Appeal / Renewed Oral Application for Permission to Appeal
Outcome
Permission to appeal granted on all grounds except grounds 4 and 6; stay of possession order extended until conclusion of appeal.
Legal Topics
Possession Proceedings, Forgery, Non Est Factum, Admission of Evidence, Appeal Grounds
Property Law Civil Procedure Possession Proceedings Forgery Non Est Factum Admission of Evidence Appeal Grounds

Case Brief

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Parties

Kingley Developments Ltd

Applicant/claimant

L Brundenell

Respondent/defendant

E L Elcock

Respondent/defendant

Procedural Posture

Civil Appeal / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the defence of forgery and non est factum
  2. 2 Whether the judge wrongly excluded or failed to weigh relevant evidence, including expert evidence and similar fact evidence
  3. 3 Whether procedural errors or exclusion of late evidence justified permission to appeal

Ratio Decidendi

Permission to appeal is granted on all grounds except those relating to the rejection of late evidence, as the applicant has demonstrated arguable grounds that the trial judge may have erred in his approach to the evidence of forgery and the weighing of expert and similar fact evidence. The exclusion of late evidence was a proper exercise of discretion and does not justify permission to appeal.

Court Disposition

Permission to appeal granted on all grounds except grounds 4 and 6; stay of possession order extended until conclusion of appeal.

Orders

  • Permission to appeal granted except for grounds 4 and 6
  • Stay of possession order extended until conclusion of appeal