Auliffe & Ors v Ellis [2019] EWHC 1427 (QB) (07 June 2019)

Auliffe & Ors v Ellis [2019] EWHC 1427 (QB) (07 June 2019)

The appeal fails because the trial judge was entitled to reject Mrs Ellis' and Richard's evidence of non-receipt of the notice to quit, having found the notice was properly addressed and sent by registered post, and Mrs Ellis did not discharge the burden of proving non-delivery. The judge's findings of fact were adequately reasoned and not plainly wrong.

Citation
[2019] EWHC 1427 (QB)
Parties
Claimant/respondent: Graham Frederick John Auliffe; Claimant/respondent: Michael Compson Auliffe; Claimant/respondent: Sylvia Elaine Auliffe; Defendant/appellant: Susan Ellis
Jurisdiction
England and Wales
Judgment Date
07 June 2019
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Tenancy Termination, Succession Under Agricultural Holdings Act 1986, Notice to Quit, Burden of Proof, Appeals on Findings of Fact
Property Law Agricultural Law Civil Procedure Tenancy Termination Succession Under Agricultural Holdings Act 1986 Notice to Quit Burden of Proof Appeals on Findings of Fact

Case Brief

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Parties

Graham Frederick John Auliffe

Claimant/respondent

Michael Compson Auliffe

Claimant/respondent

Sylvia Elaine Auliffe

Claimant/respondent

Susan Ellis

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether notice to quit was validly served under Agricultural Holdings Act 1986
  2. 2 Whether the burden of proof regarding delivery of notice was discharged
  3. 3 Whether the trial judge erred in rejecting evidence of non-receipt

Ratio Decidendi

The appeal fails because the trial judge was entitled to reject Mrs Ellis' and Richard's evidence of non-receipt of the notice to quit, having found the notice was properly addressed and sent by registered post, and Mrs Ellis did not discharge the burden of proving non-delivery. The judge's findings of fact were adequately reasoned and not plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • Order for possession to the Auliffes stands
  • Award of mesne profits to the Auliffes stands