Kennedy v Booton [2001] EWCA Civ 571 (27 March 2001)

Kennedy v Booton [2001] EWCA Civ 571 (27 March 2001)

There was no real prospect of success on appeal because the applicant failed to establish any beneficial interest in the property, failed to plead or prove the requirements for donatio mortis causa, and the judge did not err in admitting evidence of a spent conviction which was introduced by the applicant himself.

Citation
[2001] EWCA Civ 571
Parties
Claimant: Francis Kennedy; Defendant/applicant: Leonard Keith Booton
Jurisdiction
England and Wales
Judgment Date
27 March 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Order
Outcome
application for permission to appeal refused
Legal Topics
Equitable Interest, Donatio Mortis Causa, Admissibility of Spent Convictions, Possession Proceedings
Property Law Civil Procedure Equitable Interest Donatio Mortis Causa Admissibility of Spent Convictions Possession Proceedings

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Parties

Francis Kennedy

Claimant

Leonard Keith Booton

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Order

Legal Issues

  1. 1 Whether the applicant had an equitable interest in the property
  2. 2 Whether there was a valid donatio mortis causa of the property or deed box
  3. 3 Whether the judge erred in admitting evidence of a spent conviction

Ratio Decidendi

There was no real prospect of success on appeal because the applicant failed to establish any beneficial interest in the property, failed to plead or prove the requirements for donatio mortis causa, and the judge did not err in admitting evidence of a spent conviction which was introduced by the applicant himself.

Court Disposition

application for permission to appeal refused

Orders

  • extension of time granted
  • permission to appeal refused