Auliffe & Ors v Ellis [2019] EWHC 1427 (QB) (07 June 2019)

Auliffe & Ors v Ellis [2019] EWHC 1427 (QB) (07 June 2019)

The trial judge was entitled to reject Mrs Ellis' and Richard's evidence of non-receipt of the notice to quit; the notice was properly addressed and sent, and the presumption of delivery was not rebutted. The judge's findings of fact were adequately reasoned and not plainly wrong, so the appeal must be dismissed.

Citation
[2019] EWHC 1427
Parties
Claimant/respondent: Graham Frederick John Auliffe; Claimant/respondent: Michael Compson Auliffe; Claimant/respondent: Sylvia Elaine Auliffe; Defendant/appellant: Susan Ellis
Jurisdiction
England and Wales
Judgment Date
07 June 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Service of Notice, Succession Under Agricultural Holdings Act 1986, Burden of Proof, Appeals on Findings of Fact
Property Law Agricultural Tenancy Civil Procedure Service of Notice Succession Under Agricultural Holdings Act 1986 Burden of Proof Appeals on Findings of Fact

Case Brief

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Parties

Graham Frederick John Auliffe

Claimant/respondent

Michael Compson Auliffe

Claimant/respondent

Sylvia Elaine Auliffe

Claimant/respondent

Susan Ellis

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the notice to quit was properly served and delivered under the Agricultural Holdings Act 1986 and Interpretation Act 1978
  2. 2 Whether the trial judge erred in rejecting evidence of non-receipt of notice to quit
  3. 3 Whether the trial judge's findings of fact were open to challenge on appeal

Ratio Decidendi

The trial judge was entitled to reject Mrs Ellis' and Richard's evidence of non-receipt of the notice to quit; the notice was properly addressed and sent, and the presumption of delivery was not rebutted. The judge's findings of fact were adequately reasoned and not plainly wrong, so the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Order for possession to the Auliffes stands
  • Award of mesne profits to the Auliffes stands