Parkes v Wilkes

Parkes v Wilkes

The judge was entitled to find there was no common intention to grant 999 year leases for no premium; the court has jurisdiction under TOLATA but the discretion was properly exercised against the claimant; the marriage value and purchase price calculation did not outweigh the factual findings; delay did not affect the correctness of the findings.

Parties
Appellant/claimant: Nicola Parkes; Respondent/defendant: James Wilkes
Jurisdiction
England and Wales
Judgment Date
29 June 2017
Procedural Posture
Civil Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Trusts of Land and Appointment of Trustees Act 1996 (tolata), Collective Enfranchisement, Lease Extension, Common Intention, Discretion of Court
Property Law Trusts Law Trusts of Land and Appointment of Trustees Act 1996 (tolata) Collective Enfranchisement Lease Extension Common Intention Discretion of Court

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Parties

Nicola Parkes

Appellant/claimant

James Wilkes

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the court has power under TOLATA to order a 999 year lease extension for no premium
  2. 2 Whether the common intention of the parties was to grant such lease extensions
  3. 3 Whether the purpose of the trust included facilitating lease extensions

Ratio Decidendi

The judge was entitled to find there was no common intention to grant 999 year leases for no premium; the court has jurisdiction under TOLATA but the discretion was properly exercised against the claimant; the marriage value and purchase price calculation did not outweigh the factual findings; delay did not affect the correctness of the findings.

Court Disposition

Appeal dismissed

Orders

  • No order for lease extension under TOLATA
  • Claimant to pursue alternative statutory remedy if desired