Wycombe District Council v Huijer & Anor [2006] EWCA Civ 1054 (07 July 2006)

Wycombe District Council v Huijer & Anor [2006] EWCA Civ 1054 (07 July 2006)

The judge's failure to address the burden of proof and his unfair view of the council's conduct provide a more than fanciful prospect of success on appeal; permission to appeal is granted.

Citation
[2006] EWCA Civ 1054
Parties
Claimant/appellant: Wycombe District Council; Defendant/respondent: Huijer & Anr
Jurisdiction
England and Wales
Judgment Date
07 July 2006
Procedural Posture
Application for Permission to Appeal / Permission to Appeal From County Court Judgment
Outcome
permission to appeal granted
Legal Topics
Secure Tenancy, Right to Buy, Principal Residence, Burden of Proof
Housing Law Property Law Secure Tenancy Right to Buy Principal Residence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Wycombe District Council

Claimant/appellant

Huijer & Anr

Defendant/respondent

Procedural Posture

Application for Permission to Appeal / Permission to Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the tenancy was a secure tenancy at the date of termination
  2. 2 Whether the property was the tenant's principal residence
  3. 3 Effect of council's conduct on right to buy

Ratio Decidendi

The judge's failure to address the burden of proof and his unfair view of the council's conduct provide a more than fanciful prospect of success on appeal; permission to appeal is granted.

Court Disposition

permission to appeal granted

Orders

  • permission to appeal granted
  • extension of time granted