Piranty v Parsons [2001] EWCA Civ 1653 (30 October 2001)

Piranty v Parsons [2001] EWCA Civ 1653 (30 October 2001)

The respondent did not act unconscionably or inequitably, and the appellant was not excused from tendering the redemption amount. The redemption value was properly determined at the date of trial based on the joint valuation. Damages for breach of the repairing covenant were correctly awarded to the respondent.

Citation
[2001] EWCA Civ 1653
Parties
Claimant/appellant: Averil Margot Piranty; Defendant/respondent: Roland Redvers Parsons
Jurisdiction
England and Wales
Judgment Date
30 October 2001
Procedural Posture
Appeal / Judgment on Appeal From Bristol County Court
Outcome
Appeal dismissed
Legal Topics
Redemption of Charge, Repairing Covenant, Damages for Breach of Covenant, Valuation of Matrimonial Home, Equity of Redemption
Family Law Property Law Redemption of Charge Repairing Covenant Damages for Breach of Covenant Valuation of Matrimonial Home Equity of Redemption

Case Brief

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Parties

Averil Margot Piranty

Claimant/appellant

Roland Redvers Parsons

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Bristol County Court

Legal Issues

  1. 1 Whether the redemption amount set by the judge was too high
  2. 2 Whether damages should have been awarded for breach of the repairing covenant
  3. 3 Whether the respondent's conduct excused the appellant from tendering the redemption amount

Ratio Decidendi

The respondent did not act unconscionably or inequitably, and the appellant was not excused from tendering the redemption amount. The redemption value was properly determined at the date of trial based on the joint valuation. Damages for breach of the repairing covenant were correctly awarded to the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs on standard basis up until such time as claimant received public funding.
  • Thereafter appellant's costs to be subject to public funding certificate subject to detailed assessment by the Costs Judge.