Knowles v Knowles [2007] EWCA Civ 1179 (04 September 2007)

Knowles v Knowles [2007] EWCA Civ 1179 (04 September 2007)

The court found that Mr Knowles' medical condition and the evidence now available raised real concerns that the judge below did not have the full medical picture, and that there was a real prospect of success on appeal regarding both the possession order and the strike out. The court granted permission to appeal out of time and extended the stay of execution.

Citation
[2007] EWCA Civ 1179
Parties
Appellant: Anthony Knowles; Respondent: Wanda Knowles
Jurisdiction
England and Wales
Judgment Date
04 September 2007
Procedural Posture
Civil Appeal / Permission to Appeal From Order Refusing to Suspend Warrant for Possession
Outcome
Permission to appeal granted; extension of time granted; execution of possession order stayed pending appeal.
Legal Topics
Constructive Trust, Proprietary Estoppel, Inheritance (provision for Family and Dependants) Act 1975, Possession Proceedings, Strike Out of Defence, Extension of Time, Litigant in Person, Disability and Access to Justice
Property Law Equity Civil Procedure Constructive Trust Proprietary Estoppel Inheritance (provision for Family and Dependants) Act 1975 Possession Proceedings Strike Out of Defence +3 more

Case Brief

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Parties

Anthony Knowles

Appellant

Wanda Knowles

Respondent

Procedural Posture

Civil Appeal / Permission to Appeal From Order Refusing to Suspend Warrant for Possession

Legal Issues

  1. 1 Whether the applicant should be granted permission to appeal out of time against the order for possession and strike out of defence and counterclaim
  2. 2 Whether the applicant's medical condition and disability justified delay and failures in compliance with court orders
  3. 3 Whether there is a real prospect of success on appeal regarding constructive trust, proprietary estoppel, or claim under the 1975 Act

Ratio Decidendi

The court found that Mr Knowles' medical condition and the evidence now available raised real concerns that the judge below did not have the full medical picture, and that there was a real prospect of success on appeal regarding both the possession order and the strike out. The court granted permission to appeal out of time and extended the stay of execution.

Court Disposition

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

Orders

  • Permission to appeal out of time against the order of 24 July 2006 (possession and strike out) granted
  • Extension of time to appeal against the order of 11 May 2007 granted