Stratal Ltd v Yellowsun Ltd & Anor [2001] EWCA Civ 1565 (16 October 2001)

Stratal Ltd v Yellowsun Ltd & Anor [2001] EWCA Civ 1565 (16 October 2001)

No appeal lies to the Court of Appeal from a High Court refusal of permission to appeal under s.54(4) of the Access to Justice Act 1999. The refusal of a stay of execution is not separately appealable where there is no pending appeal. The applicant's arguments on possessory title and right to possession had no reasonable prospect of success as the registered title predated the defendants' possession.

Citation
[2001] EWCA Civ 1565
Parties
Claimant/respondent: Stratal Limited; Defendant/applicant: Yellowsun Limited; Defendant/applicant: David De Vere
Jurisdiction
England and Wales
Judgment Date
16 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal From High Court Order Refusing Permission to Appeal From Master
Outcome
Application for permission to appeal refused
Legal Topics
Possessory Title, Land Registration, Appeals Procedure, Stay of Execution
Property Law Civil Procedure Possessory Title Land Registration Appeals Procedure Stay of Execution

Case Brief

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Parties

Stratal Limited

Claimant/respondent

Yellowsun Limited

Defendant/applicant

David De Vere

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal From High Court Order Refusing Permission to Appeal From Master

Legal Issues

  1. 1 Whether a person with possessory title under the Land Registration Act 1925 who is not in actual possession can bring proceedings for possession under CPR Part 8 against a person in actual possession
  2. 2 Whether an appeal lies to the Court of Appeal from a High Court refusal of permission to appeal under the Access to Justice Act 1999, s.54(4)
  3. 3 Whether refusal of a stay of execution is separately appealable

Ratio Decidendi

No appeal lies to the Court of Appeal from a High Court refusal of permission to appeal under s.54(4) of the Access to Justice Act 1999. The refusal of a stay of execution is not separately appealable where there is no pending appeal. The applicant's arguments on possessory title and right to possession had no reasonable prospect of success as the registered title predated the defendants' possession.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Application for stay of execution refused