Knowles v Knowles

Knowles v Knowles

The court found that Mr Knowles' medical condition and the evidence now available raised a real prospect that the refusal to suspend the possession order and the strike out of his defence and counterclaim may have been unjust. The court granted permission to appeal out of time against both the possession order and the strike out, and extended time for appeal, staying execution of the possession order.

Parties
Appellant/defendant: Anthony Knowles; Respondent/claimant: Wanda Knowles
Jurisdiction
England and Wales
Judgment Date
04 September 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal (granted)
Outcome
Permission to appeal granted; extension of time granted; execution of possession order stayed.
Legal Topics
Suspension of Possession Order, Strike Out of Defence and Counterclaim, Constructive Trust, Proprietary Estoppel, Inheritance (provision for Family and Dependants) Act 1975
Civil Procedure Property Law Trusts and Estates Suspension of Possession Order Strike Out of Defence and Counterclaim Constructive Trust Proprietary Estoppel Inheritance (provision for Family and Dependants) Act 1975

Case Brief

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Parties

Anthony Knowles

Appellant/defendant

Wanda Knowles

Respondent/claimant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (granted)

Legal Issues

  1. 1 Whether the refusal to suspend the warrant for possession was justified
  2. 2 Whether the strike out of the defence and counterclaim was proper
  3. 3 Whether the applicant's medical condition justified delay and non-compliance with court orders

Ratio Decidendi

The court found that Mr Knowles' medical condition and the evidence now available raised a real prospect that the refusal to suspend the possession order and the strike out of his defence and counterclaim may have been unjust. The court granted permission to appeal out of time against both the possession order and the strike out, and extended time for appeal, staying execution of the possession order.

Court Disposition

Permission to appeal granted; extension of time granted; execution of possession order stayed.

Orders

  • Permission to appeal out of time against the order of 24 July 2006 (possession and strike out) granted.
  • Extension of time to file notice of appeal against the 24 July 2006 order granted (14 days).