Loveridge & Loveridge v Healey

Loveridge & Loveridge v Healey

The court is not bound to disregard admissions in pleadings unless and until the defence is amended. The Recorder erred in holding that, as a matter of law, he was bound to find the statutory notice had not been served despite the admission. The defendant must seek permission to amend the defence to contest service of notice before the issue can be raised.

Parties
Appellant: Loveridge & Loveridge; Respondent: Healey
Jurisdiction
England and Wales
Judgment Date
20 February 2004
Procedural Posture
Civil Appeal / Appeal From Summary Judgment and Dismissal of Appeal in Queen's Bench Division, High Court of Justice
Outcome
Appeal allowed
Legal Topics
Mobile Homes Act 1983, Pleadings, Summary Judgment, Possession Proceedings
Land Law Civil Procedure Mobile Homes Act 1983 Pleadings Summary Judgment Possession Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Loveridge & Loveridge

Appellant

Healey

Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment and Dismissal of Appeal in Queen's Bench Division, High Court of Justice

Legal Issues

  1. 1 Whether the court is bound by admissions in pleadings regarding service of statutory notice under the Mobile Homes Act 1983
  2. 2 Whether the absence of a valid notice to remedy breach precludes possession
  3. 3 Whether the defendant must amend pleadings to contest service of notice

Ratio Decidendi

The court is not bound to disregard admissions in pleadings unless and until the defence is amended. The Recorder erred in holding that, as a matter of law, he was bound to find the statutory notice had not been served despite the admission. The defendant must seek permission to amend the defence to contest service of notice before the issue can be raised.

Court Disposition

Appeal allowed

Orders

  • Summary judgment set aside
  • If the defendant wishes to contest service of statutory notice, he must seek permission to amend the defence