Clarise Properties Ltd v Rees & Anor

Clarise Properties Ltd v Rees & Anor

The second appeal test does not apply to appeals from the Upper Tribunal on appeal from the Leasehold Valuation Tribunal for Wales, as the LVT Wales is not the First-tier Tribunal under the 2007 Act. The ordinary test for permission to appeal applies, and the applicant's grounds are arguable and not obviously wrong, thus permission to appeal is granted.

Parties
Applicant: Clarise Properties Limited; Respondent: Rees & Anr
Jurisdiction
England and Wales
Judgment Date
29 July 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Upper Tribunal to Court of Appeal
Outcome
permission to appeal granted
Legal Topics
Appeals, Tribunal Jurisdiction, Lease Interpretation
Civil Procedure Property Law Appeals Tribunal Jurisdiction Lease Interpretation

Case Brief

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Parties

Clarise Properties Limited

Applicant

Rees & Anr

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Upper Tribunal to Court of Appeal

Legal Issues

  1. 1 Does the second appeal test under the Appeals from the Upper Tribunal to the Court of Appeal Order 2008 apply to appeals from the Upper Tribunal on appeal from the Leasehold Valuation Tribunal for Wales?
  2. 2 If not, is the ordinary test for permission to appeal satisfied?

Ratio Decidendi

The second appeal test does not apply to appeals from the Upper Tribunal on appeal from the Leasehold Valuation Tribunal for Wales, as the LVT Wales is not the First-tier Tribunal under the 2007 Act. The ordinary test for permission to appeal applies, and the applicant's grounds are arguable and not obviously wrong, thus permission to appeal is granted.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal is granted to Clarise Properties Limited.