Hall v Moore & Ors [2008] EWCA Civ 965 (10 July 2008)

Hall v Moore & Ors [2008] EWCA Civ 965 (10 July 2008)

Permission to appeal is granted on the grounds that there is an arguable case that the lease may not have expressly reserved the rights of common to the trustees, and that the validity and authority of the 1984 waiver agreement by the Commons Committee is open to question. The judge may have erred in interpreting the reservation clause and in presuming the validity of the waiver agreement without sufficient evidence of authority from all commoners.

Citation
[2008] EWCA Civ 965
Parties
Appellant: Colin Hall; Respondent: Shirley Moore; Respondent: Gerald Harris; Respondent: Cynthia Harris
Jurisdiction
England and Wales
Judgment Date
10 July 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted in part
Legal Topics
Rights of Common, Leasehold Rights, Waiver of Rights, Construction of Lease, Presumption of Regularity
Property Law Land Law Rights of Common Leasehold Rights Waiver of Rights Construction of Lease Presumption of Regularity

Case Brief

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Parties

Colin Hall

Appellant

Shirley Moore

Respondent

Gerald Harris

Respondent

Cynthia Harris

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the rights of common attached to Moat House Farm passed to the appellant under his lease
  2. 2 Whether the lease reserved the rights of common to the trustees
  3. 3 Whether the 1984 waiver agreement by the Commons Committee was valid and binding on all commoners

Ratio Decidendi

Permission to appeal is granted on the grounds that there is an arguable case that the lease may not have expressly reserved the rights of common to the trustees, and that the validity and authority of the 1984 waiver agreement by the Commons Committee is open to question. The judge may have erred in interpreting the reservation clause and in presuming the validity of the waiver agreement without sufficient evidence of authority from all commoners.

Court Disposition

permission to appeal granted in part

Orders

  • Permission to appeal granted on grounds relating to the construction of the reservation clause and the validity of the 1984 waiver agreement.
  • Permission to appeal refused on all other grounds.