Perotti v Perotti & Anor [2002] EWCA Civ 853 (14 May 2002)

There is no evidence that Mrs Perotti has any equity in the flat or grounds for a stay; proceeds of sale will be preserved for any valid claim; no chance of appeal succeeding.

Citation: [2002] EWCA Civ 853
Parties: Claimant: Ida Perotti; Defendant: Angelo Perotti; Defendant: Kenneth Corbett Watson
Jurisdiction: England and Wales
Judgment Date: 14 May 2002
Procedural Posture: Application for Permission to Appeal / Court of Appeal, Post High Court Judgment
Outcome: permission to appeal refused
Legal Topics: Stay of Eviction, Appeal, Enforcement of Monetary Claims

Civil Procedure Property Law Stay of Eviction Appeal Enforcement of Monetary Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Ida Perotti

Claimant

Angelo Perotti

Defendant

Kenneth Corbett Watson

Defendant

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Post High Court Judgment

Legal Issues

1 Whether grounds exist for a stay of eviction pending appeal
2 Whether the claimant has an equity in the property
3 Whether the Official Solicitor should represent the claimant

Ratio Decidendi

There is no evidence that Mrs Perotti has any equity in the flat or grounds for a stay; proceeds of sale will be preserved for any valid claim; no chance of appeal succeeding.

Court Disposition

permission to appeal refused

Orders

application for permission to appeal refused