Tabor Properties Ltd v Siddique [2002] EWCA Civ 63 (24 January 2002)

Tabor Properties Ltd v Siddique [2002] EWCA Civ 63 (24 January 2002)

Administrative errors in the drawn order, once corrected, do not undermine the validity of a possession judgment based on findings of breach of covenant after a full trial.

Citation
[2002] EWCA Civ 63
Parties
Claimant/respondent: Tabor Properties Limited; Defendant/applicant: Afzal Ahmed Siddique
Jurisdiction
England and Wales
Judgment Date
24 January 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Possession Proceedings, Breach of Covenant, Errors in Court Orders, Appeal Procedure
Property Law Landlord and Tenant Possession Proceedings Breach of Covenant Errors in Court Orders Appeal Procedure

Case Brief

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Parties

Tabor Properties Limited

Claimant/respondent

Afzal Ahmed Siddique

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether errors in the court order affect the validity of the possession judgment
  2. 2 Whether there are grounds to appeal the trial judge's findings on possession for breach of covenant

Ratio Decidendi

Administrative errors in the drawn order, once corrected, do not undermine the validity of a possession judgment based on findings of breach of covenant after a full trial.

Court Disposition

permission to appeal refused

Orders

  • permission to appeal refused