S E P Properties Ltd v Balai [2001] EWCA Civ 2105 (30 November 2001)

S E P Properties Ltd v Balai [2001] EWCA Civ 2105 (30 November 2001)

The trial judge's findings that the original parties intended the lease to cover only the shop, and that the applicant never expected to lease the flat, were based on oral evidence and are not open to challenge on appeal absent exceptional circumstances. The insurance schedule and payment of insurance rent do not affect the original intention or justify overturning the rectification. There is no real prospect of success on appeal on any ground advanced.

Citation
[2001] EWCA Civ 2105
Parties
Claimant/respondent: SEP Properties Ltd; Defendant/applicant: Habib Balai
Jurisdiction
England and Wales
Judgment Date
30 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Application for permission to appeal refused; extension of time granted
Legal Topics
Rectification of Lease, Arrears of Rent, Expert Evidence, Insurance Rent, Assignment of Lease
Property Law Landlord and Tenant Rectification of Lease Arrears of Rent Expert Evidence Insurance Rent Assignment of Lease

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

SEP Properties Ltd

Claimant/respondent

Habib Balai

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the lease should be rectified to exclude the flat
  2. 2 Whether the judge erred in not considering the insurance schedule
  3. 3 Whether expert evidence should be by written report only

Ratio Decidendi

The trial judge's findings that the original parties intended the lease to cover only the shop, and that the applicant never expected to lease the flat, were based on oral evidence and are not open to challenge on appeal absent exceptional circumstances. The insurance schedule and payment of insurance rent do not affect the original intention or justify overturning the rectification. There is no real prospect of success on appeal on any ground advanced.

Court Disposition

Application for permission to appeal refused; extension of time granted

Orders

  • Application for permission to appeal refused
  • Extension of time granted