Healey v Fraine & Ors [2023] EWCA Civ 549 (19 May 2023)

Healey v Fraine & Ors [2023] EWCA Civ 549 (19 May 2023)

Permission to amend the Defence and Counterclaim was properly refused because the proposed pleading was internally contradictory, asserting both licensee status and adverse possession for the same period, which is legally incompatible. The court is not obliged to edit defective pleadings or grant permission for amendments not reduced to writing. Adverse possession under the Land Registration Act 2002 cannot be pleaded as a defence where the defendant claims to be a licensee; only proprietary estoppel or constructive trust claims may be advanced if properly pleaded.

Citation
[2023] EWCA Civ 549
Parties
Claimant / Respondent: Michelle Mary Healey (a protected person by her litigation friend Bernard Healey); Claimant / Respondent: Bernard Healey (representing the Estate of Michelle Mary Healey); Defendant / Appellant: William Fraine (senior); Defendant / Appellant: William Fraine (junior); Defendant / Appellant: Callum Fraine; Defendant / Appellant: Clara Bar-Hall; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
19 May 2023
Procedural Posture
Civil Appeal / Second Appeal From County Court Decision Refusing Permission to Amend Defence and Counterclaim
Outcome
Appeal dismissed; permission to amend Defence and Counterclaim refused.
Legal Topics
Adverse Possession, Proprietary Estoppel, Constructive Trust, Pleading Amendment, Registered Land
Property Law Civil Procedure Adverse Possession Proprietary Estoppel Constructive Trust Pleading Amendment Registered Land

Case Brief

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Parties

Michelle Mary Healey (a protected person by her litigation friend Bernard Healey)

Claimant / Respondent

Bernard Healey (representing the Estate of Michelle Mary Healey)

Claimant / Respondent

William Fraine (senior)

Defendant / Appellant

William Fraine (junior)

Defendant / Appellant

Callum Fraine

Defendant / Appellant

Clara Bar-Hall

Defendant / Appellant

Persons Unknown

Defendant

Procedural Posture

Civil Appeal / Second Appeal From County Court Decision Refusing Permission to Amend Defence and Counterclaim

Legal Issues

  1. 1 Whether permission should be granted to amend Defence and Counterclaim to plead adverse possession and proprietary estoppel
  2. 2 Whether pleading both licensee and adverse possession is legally contradictory
  3. 3 Nature of adverse possession under Land Registration Act 2002

Ratio Decidendi

Permission to amend the Defence and Counterclaim was properly refused because the proposed pleading was internally contradictory, asserting both licensee status and adverse possession for the same period, which is legally incompatible. The court is not obliged to edit defective pleadings or grant permission for amendments not reduced to writing. Adverse possession under the Land Registration Act 2002 cannot be pleaded as a defence where the defendant claims to be a licensee; only proprietary estoppel or constructive trust claims may be advanced if properly pleaded.

Court Disposition

Appeal dismissed; permission to amend Defence and Counterclaim refused.

Orders

  • Order of DDJ Corscadden granting permission to amend set aside.
  • Defendants' application to amend dismissed.