Becker v Noel (Practice Note)
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE DAVIES,LORD JUSTICE EDMUND DAVIES,LORD JUSTICE KARMINSKI |
| Judgment Date | 13 January 1971 |
| Judgment citation (vLex) | [1971] EWCA Civ J0113-1 |
| Court | Court of Appeal (Civil Division) |
| Date | 13 January 1971 |
[1971] EWCA Civ J0113-1
Lord Justice Davies
Lord Justice Edmund Davies
and Lord Justice Karminski
In The Supreme Court of Judicature
Court of Appeal
(On appeal from Order of His Honour Judge Brown, Brighton County Court, dated July 7th, 1970).
MR S. WALSH (instructed by Mesure. Burchells) appeared for the appellant (claimant).
MR A. McCOWAN (instructed by Messrs. Griffith Smith Dodd & Riley) appeared for the respondent (judgment creditor:plaintiff)
I do not propose really to give any judgment at all in this case. It is a long and story. Put as shortly as possible it is this. The Plaintiff, Mrs Neel, was the (Landlord of premises in Have occupied by the defendant, Mrs Becker. Mrs Booker apparently has a long history of not paying rent, and so on and so forth, and of bankruptcy. Eventually, on April 23rd, 1969, the plaintiff obtained judgment against Mrs Booker, the defendant, for possession of this flat or house in Have and for the sum of £336, 15s. arrears of rent. This was not paid, Subsequently, execution was levied on some or all of the furniture in those premises in June, 1969. In January, 1970, Miss Becker, the daughter of the defendant, I think at that time an undergraduate at Oxford University, claimed that the goods seized belonged to her and not to her mother.
It was a somewhat odd story. She claimed that some of the goods - for example, a Turkey carpet - were given to her by her grandmother when she was about one year old. There are a number of Matters of that kind which appear to have taken place. In April, 1970, the young lady's claim was part heard before Judge Brown at Brighton County Court. Various documents and other evidence had been submitted to the plaintiff's advisers on behalf of Miss Becker, the claimant. And at the end of it all it would appear that the plaintiff's advisers were satisfied that Miss Becker'S claim ms justified and sound. So an agreement was come to and what is called a Temlin Order was prepared, the terms of which I really need not concern myself with at all; it contained a schedule summerising the agreement between the parties and an inventory of a considerable number of items of furniture.
That document was submitted to the learnad county court but judge, two discussions he refused to sake in the form agreed upon between counsel, on two main grounds. First, he was highly suspicious of the whole...
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...order on the bases mentioned, the law as I understand it does not say that those are the bases. Lord Denning M. R. in the case of Becker v Noel and Another [1971] W.L.R. 803 had this to say about ex parte orders at 803: Not only may the court set aside an order made ex parte, but where leav......