Druce v Druce [2002] EWCA Civ 1353 (13 August 2002)

Druce v Druce [2002] EWCA Civ 1353 (13 August 2002)

Permission to appeal is granted on the Tomlin Order point, the points pleaded in paragraph 11(1) and (2) of the reply, and the 1976 conveyance construction point, as these are relevant to the appeal and its context.

Citation
[2002] EWCA Civ 1353
Parties
Claimant/applicant: Alan Gerald Druce; Defendant/respondent: Roger Ellis Druce
Jurisdiction
England and Wales
Judgment Date
13 August 2002
Procedural Posture
Appeal / Permission to Appeal Granted
Outcome
Permission to appeal granted
Legal Topics
Tomlin Order, Construction of Conveyance, Appeal Procedure
Civil Procedure Tomlin Order Construction of Conveyance Appeal Procedure

Case Brief

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Parties

Alan Gerald Druce

Claimant/applicant

Roger Ellis Druce

Defendant/respondent

Procedural Posture

Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether permission to appeal should be granted on the Tomlin Order point
  2. 2 Whether permission to appeal should be granted on points pleaded in paragraph 11(1) and (2) of the reply
  3. 3 Whether permission to appeal should be granted on the 1976 conveyance construction point

Ratio Decidendi

Permission to appeal is granted on the Tomlin Order point, the points pleaded in paragraph 11(1) and (2) of the reply, and the 1976 conveyance construction point, as these are relevant to the appeal and its context.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal granted
  • Costs of the application to be costs in the appeal