O'Brien v Clark [2008] EWCA Civ 700 (05 June 2008)

O'Brien v Clark [2008] EWCA Civ 700 (05 June 2008)

The tribunal had already considered and rejected the argument that the property was 'struck with sterility' and not in beneficial occupation; there was no basis for distinguishing between beneficial and actual occupation in this context; no European law affected the issue; there was no prospect of a successful appeal or practical advantage in granting permission.

Citation
[2008] EWCA Civ 700
Parties
Appellant: O'Brien; Respondent: Clark
Jurisdiction
England and Wales
Judgment Date
05 June 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Hereditament, Beneficial Occupation, Actual Occupation, Advertising Hoardings, Rating List Removal
Property Law Rating Law Hereditament Beneficial Occupation Actual Occupation Advertising Hoardings Rating List Removal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

O'Brien

Appellant

Clark

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the plot of land should have ceased to be listed as a hereditament in the rating list between January 2001 and July 2002
  2. 2 Whether the land was in beneficial or actual occupation during the relevant period
  3. 3 Whether European law affected the issue

Ratio Decidendi

The tribunal had already considered and rejected the argument that the property was 'struck with sterility' and not in beneficial occupation; there was no basis for distinguishing between beneficial and actual occupation in this context; no European law affected the issue; there was no prospect of a successful appeal or practical advantage in granting permission.

Court Disposition

application refused

Orders

  • Application for permission to appeal dismissed