Davies v Davies [2015] EWCA Civ 1008 (11 September 2015)

Davies v Davies [2015] EWCA Civ 1008 (11 September 2015)

Permission to appeal is granted in respect of paragraph 6 of the judge's order, as it is arguable the charge should have been limited to the property subject to the claim and not the entirety of Mosewick Farm; extension of time is granted due to exceptional circumstances, but the substantive proprietary estoppel finding stands.

Citation
[2015] EWCA Civ 1008
Parties
Claimant/respondent: Sidney Lyn Davies; Defendant/appellant: Margaret Matilda Davies; Second Defendant: John Anthony Davies
Jurisdiction
England and Wales
Judgment Date
11 September 2015
Procedural Posture
Appeal / Permission to Appeal and Extension of Time
Outcome
Permission to appeal granted in respect of paragraph 6 of the judge's order; extension of time granted; stay of enforcement ordered.
Legal Topics
Proprietary Estoppel, Equitable Remedies, Charging Orders, Extension of Time, Appeal Procedure
Property Law Equity Civil Procedure Proprietary Estoppel Equitable Remedies Charging Orders Extension of Time Appeal Procedure

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Parties

Sidney Lyn Davies

Claimant/respondent

Margaret Matilda Davies

Defendant/appellant

John Anthony Davies

Second Defendant

Procedural Posture

Appeal / Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the judge erred in charging the entirety of Mosewick Farm rather than only the property subject to the claim
  2. 2 Whether the delay in filing the appellant's notice should be excused
  3. 3 Whether proprietary estoppel was properly established

Ratio Decidendi

Permission to appeal is granted in respect of paragraph 6 of the judge's order, as it is arguable the charge should have been limited to the property subject to the claim and not the entirety of Mosewick Farm; extension of time is granted due to exceptional circumstances, but the substantive proprietary estoppel finding stands.

Court Disposition

Permission to appeal granted in respect of paragraph 6 of the judge's order; extension of time granted; stay of enforcement ordered.

Orders

  • Appellant to file revised grounds of appeal and skeleton within 35 days.
  • Stay of enforcement of the order dated 27 September 2013, charging order dated 21 November 2014, order for sale dated 15 December 2014, and warrants for possession until determination of the appeal.