Gray v Elite Town Management
| Jurisdiction | England & Wales |
| Judge | Lord Justice Jackson |
| Judgment Date | 03 November 2016 |
| Neutral Citation | [2016] EWCA Civ 1216 |
| Docket Number | A1/2015/2772, A1/2015/2772(A) & A1/2015/2685 |
| Court | Court of Appeal (Civil Division) |
| Date | 03 November 2016 |
[2016] EWCA Civ 1216
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CENTRAL LONDON COUNTY COURT
(HIS HONOUR JUDGE BAILEY)
Royal Courts of Justice
Strand
London, WC2A 2LL
Lord Justice Jackson
Lord Justice McCombe
Lord Justice Clarke
A1/2015/2772, A1/2015/2772(A) & A1/2015/2685
The Applicant appeared in person
Mr C Winser (instructed by Child & Child) appeared on behalf of the Respondent
This is the judgment of the court on an application to amend. In these two appeals today Mr Gray, who, as he is quite entitled to do, has dispensed with the services of his counsel and decided to present his case in person, seeks permission to amend his notice of appeal to include new grounds.
The notice of appeal is seeking to pursue a second appeal to the Court of Appeal from the decision of Judge Bailey, who was himself hearing an appeal from the award of a third surveyor under the Party Wall Act 1996.
Rule 52.13 provides:
"Permission is required from the Court of Appeal for any appeal to that court from a decision of the County Court, the family court or the High Court which was itself made on appeal. The Court of Appeal will not give permission unless it considers that —
(a) the appeal would raise an important point of principle or practice; or
(b) there is some other compelling reason for the Court of Appeal to hear it."
Mr Gray in his helpful submissions this morning began by saying that the dispute concerns properties in a high value area of London, basement construction is common in London, large sums of money are involved and matters of this nature are of considerable importance. This court accepts that property owners in high value areas of London are in many instances constructing basements, that large sums of money may be involved, and that any genuine points of law arising under the Party Wall Act 1996 may well raise important points of principle or practice liable to recur in other cases.
In our view, however, the matters which Mr Gray seeks to raise by way of amendment to his notice of appeal are not matters which raise any important points of principle or...
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