Davies v Davies

Davies v Davies

Permission to appeal is granted on the ground that the judge's order improperly charged the entirety of Mosewick Farm rather than only the property subject to the proprietary estoppel claim; extension of time is granted due to exceptional circumstances, but other grounds of appeal are refused as unarguable.

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
Civil Appeal / Permission to Appeal and Extension of Time Application
Outcome
Permission to appeal granted in part; extension of time granted; enforcement of orders stayed pending appeal; other grounds refused.
Legal Topics
Proprietary Estoppel, Trusts, Charging Orders, Appeal Procedure, Extension of Time
Property Law Equity Proprietary Estoppel Trusts Charging Orders Appeal Procedure Extension of Time

Case Brief

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Parties

Sidney Lyn Davies

Claimant/respondent

Margaret Matilda Davies

Defendant/appellant

John Anthony Davies

Second Defendant

Procedural Posture

Civil Appeal / Permission to Appeal and Extension of Time Application

Legal Issues

  1. 1 Whether the judge erred in charging the entirety of Mosewick Farm rather than only the property subject to the proprietary estoppel claim
  2. 2 Whether there was a valid judgment for payment of £68,000 justifying subsequent enforcement orders
  3. 3 Whether the grounds of appeal relating to proprietary estoppel, procedural fairness, bias, and pecuniary interest have merit

Ratio Decidendi

Permission to appeal is granted on the ground that the judge's order improperly charged the entirety of Mosewick Farm rather than only the property subject to the proprietary estoppel claim; extension of time is granted due to exceptional circumstances, but other grounds of appeal are refused as unarguable.

Court Disposition

Permission to appeal granted in part; extension of time granted; enforcement of orders stayed pending appeal; other grounds refused.

Orders

  • Appellant to file revised grounds of appeal and skeleton within 35 days limited to the arguable issue.
  • 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 final determination of the appeal.