Sassoon v Grover [2001] EWCA Civ 1458 (25 September 2001)

Sassoon v Grover [2001] EWCA Civ 1458 (25 September 2001)

There was no important point of principle or practice, nor any compelling reason to grant permission for a second-tier appeal. The applicant had two opportunities to present his case, the judge's refusal to adjourn was within discretion, and the findings of fact regarding set-off and knowledge of dissolution were supported by evidence. No real prospect of success on appeal.

Citation
[2001] EWCA Civ 1458
Parties
Claimant: Sassoon; Defendant/applicant: Grover; Assistant to Applicant: Miss Morgan; Respondent's Advocate: Mr G Blaker
Jurisdiction
England and Wales
Judgment Date
25 September 2001
Procedural Posture
Application for Permission to Appeal, Extension of Time, and Stay of Execution / Application for Permission to Appeal to Court of Appeal (second Tier Appeal)
Outcome
application for permission to appeal refused
Legal Topics
Guarantee Liability, Possession Proceedings, Adjournment Discretion, Article 6 ECHR (fair Trial), Set Off of Repairs Against Rent
Landlord and Tenant Civil Procedure Guarantee Liability Possession Proceedings Adjournment Discretion Article 6 ECHR (fair Trial) Set Off of Repairs Against Rent

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Parties

Sassoon

Claimant

Grover

Defendant/applicant

Miss Morgan

Assistant to Applicant

Mr G Blaker

Respondent's Advocate

Procedural Posture

Application for Permission to Appeal, Extension of Time, and Stay of Execution / Application for Permission to Appeal to Court of Appeal (second Tier Appeal)

Legal Issues

  1. 1 Whether refusal of adjournment denied fair trial under Article 6 ECHR
  2. 2 Whether there was an enforceable agreement to set off repairs against rent
  3. 3 Whether the judge failed to consider relevant rent records

Ratio Decidendi

There was no important point of principle or practice, nor any compelling reason to grant permission for a second-tier appeal. The applicant had two opportunities to present his case, the judge's refusal to adjourn was within discretion, and the findings of fact regarding set-off and knowledge of dissolution were supported by evidence. No real prospect of success on appeal.

Court Disposition

application for permission to appeal refused

Orders

  • leave to appeal refused