Roberts & Anor v Fernandez

Roberts & Anor v Fernandez

The application for permission to appeal is refused because the proposed appeal does not raise any important point of principle or practice, nor does it have a real prospect of success. The issues raised are detailed valuation matters appropriate for expert tribunals, not for the Court of Appeal, and there is no compelling reason to grant permission for a second appeal under Rule 52.13(2).

Parties
Applicants: Roberts & Anr; Respondent: Fernandez
Jurisdiction
England and Wales
Judgment Date
24 February 2016
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal to the Court of Appeal
Outcome
application refused
Legal Topics
Leasehold Reform, Valuation of Lease Extensions, Second Appeals, Civil Procedure Rule 52.13
Property Law Landlord and Tenant Law Leasehold Reform Valuation of Lease Extensions Second Appeals Civil Procedure Rule 52.13

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Parties

Roberts & Anr

Applicants

Fernandez

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the proposed appeal raises an important point of principle or practice under Rule 52.13(2) of the Civil Procedure Rules
  2. 2 Whether the tribunals erred in determining relativity, capitalisation rate, and application of an onerous lease supplement in the valuation of the lease extension premium

Ratio Decidendi

The application for permission to appeal is refused because the proposed appeal does not raise any important point of principle or practice, nor does it have a real prospect of success. The issues raised are detailed valuation matters appropriate for expert tribunals, not for the Court of Appeal, and there is no compelling reason to grant permission for a second appeal under Rule 52.13(2).

Court Disposition

application refused

Orders

  • Application for permission to appeal is refused.