French & Anor v Savelieva [2013] EWHC 2537 (Ch) (17 July 2013)

French & Anor v Savelieva [2013] EWHC 2537 (Ch) (17 July 2013)

The deputy adjudicator failed to require a good reason for the delay in seeking expert evidence and did not properly consider litigation stress, leading to a manifest error in exercising discretion.

Citation
[2013] EWHC 2537 (Ch)
Parties
Claimants/appellants: Mr and Mrs French; Defendant/respondent: Dr Savelieva
Jurisdiction
England and Wales
Judgment Date
17 July 2013
Procedural Posture
Appeal From Land Registry Adjudication / Application for Permission to Appeal and Appeal Determination
Outcome
Appeal allowed; deputy adjudicator's order set aside
Legal Topics
Possessory Title, Late Evidence, Disclosure, Litigation Stress
Property Law Civil Procedure Possessory Title Late Evidence Disclosure Litigation Stress

Case Brief

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Parties

Mr and Mrs French

Claimants/appellants

Dr Savelieva

Defendant/respondent

Procedural Posture

Appeal From Land Registry Adjudication / Application for Permission to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether the deputy adjudicator erred in allowing late expert evidence without justification for delay
  2. 2 Whether litigation stress and delay were properly considered

Ratio Decidendi

The deputy adjudicator failed to require a good reason for the delay in seeking expert evidence and did not properly consider litigation stress, leading to a manifest error in exercising discretion.

Court Disposition

Appeal allowed; deputy adjudicator's order set aside

Orders

  • Permission to appeal granted
  • Order for production of photographs and expert report set aside