Yaxley v McGlave [2001] EWCA Civ 1694 (29 October 2001)

Yaxley v McGlave [2001] EWCA Civ 1694 (29 October 2001)

There is no real prospect of success on appeal as the judge made careful findings of fact, accepted the claimant's evidence, and the arguments now raised were not presented at trial.

Citation
[2001] EWCA Civ 1694
Parties
Claimant: Socrina Yaxley; Defendant: Malcolm McGlave
Jurisdiction
England and Wales
Judgment Date
29 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Assured Tenancy, Possession Proceedings, Extension of Time, Stay of Execution, Permission to Appeal
Landlord and Tenant Civil Procedure Assured Tenancy Possession Proceedings Extension of Time Stay of Execution Permission to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Socrina Yaxley

Claimant

Malcolm McGlave

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in accepting the existence and terms of the tenancy agreement recorded in the letter of 17th October 1996
  2. 2 Whether the trial was unfair due to alleged misconduct regarding the use of an interpreter
  3. 3 Whether new arguments not raised at trial can be grounds for appeal

Ratio Decidendi

There is no real prospect of success on appeal as the judge made careful findings of fact, accepted the claimant's evidence, and the arguments now raised were not presented at trial.

Court Disposition

Application for permission to appeal refused

Orders

  • No order for costs
  • Stay of execution extended until 16th November 2001