Amicus Horizon Ltd v Mabbot & Anor

Amicus Horizon Ltd v Mabbot & Anor

Mr Brand did not discharge the burden of proof to show that his relationship with Miss Mabbott was one of mutual lifetime commitment and was openly and unequivocally displayed to the outside world; therefore, he was not living with her as her husband under section 17 of the Housing Act 1988.

Parties
Respondent: Amicus Horizon Ltd; Respondent: The Estate of Miss Judy Mabbott (Deceased) & Anr; Appellant: Mr Anthony Brand
Jurisdiction
England and Wales
Judgment Date
30 May 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Succession to Tenancy, Definition of Spouse, Burden of Proof
Housing Law Succession Law Succession to Tenancy Definition of Spouse Burden of Proof

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Parties

Amicus Horizon Ltd

Respondent

The Estate of Miss Judy Mabbott (Deceased) & Anr

Respondent

Mr Anthony Brand

Appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Mr Brand was living with Miss Mabbott as her husband under section 17 of the Housing Act 1988
  2. 2 Whether Mr Brand occupied the flat as his only or principal home

Ratio Decidendi

Mr Brand did not discharge the burden of proof to show that his relationship with Miss Mabbott was one of mutual lifetime commitment and was openly and unequivocally displayed to the outside world; therefore, he was not living with her as her husband under section 17 of the Housing Act 1988.

Court Disposition

appeal dismissed

Orders

  • Application dismissed