(1) Brake & ors (appellants) v The Chedington Court Estate Ltd (respondent)(2) Patley Wood Farm LLP & ors (respondents) v Kicks & ors (appellants)

Thursday 20 July 2023

(1) By appellant’s notice filed on 17 March 20222, the appellants/claimants, appeal the order of HHJ Paul Matthews, sitting as a deputy High Court Judge, dated 3 March 2022, whereby he ordered that the claim be dismissed and made consequential orders.

This was the trial of a claim for delivery up of possession of the Cottage, an injunction and various declarations as to the status of the parties in relation to the cottage, delivery up of certain chattels in the cottage and an inquiry as to damages. The claimants claimed to have been unlawfully evicted from the cottage by the defendant on 18 January 2019.

(2) This is an application for permission to appeal the Order of HHJ Matthews (sitting as a HCJ) dated 25 November 22, whereby he held that the Appellants’ decision not to apply to be joined to and take certain other steps in the linked proceedings above, between the Brakes (of whose bankruptcy estates the Appellants are trustees) and the Third Respondent, The Chedington Court Estate Ltd (“Chedington”).

View hearing:

Part 1

Part 2