Feakins & Anor v Department for Environment Food & Rural Affairs

The supplied extract records a mixed appellate outcome. The order below was varied to reinstate the tenancy. The defendants’ appeal concerning the claim was otherwise dismissed. On the counterclaim, the appeal succeeded only to the extent of an award of £1,000 damages for trespass arising from the permanent burial of material. The claimant’s appeal concerning the counterclaim was dismissed.

The extract does not reproduce the judgments explaining the legal reasoning.

Feakins and another appealed to the Court of Appeal from an order made by Hart J in the Chancery Division on 26 November 2004. The appeal concerned both the claim and a counterclaim. The operative order addressed reinstatement of a tenancy and damages for trespass connected with the permanent burial of material in a raised area.

The supplied text records the Court of Appeal’s final orders but not the underlying arguments, issues or reasons.

The Court of Appeal recorded the following disposition:

1. Claim. The order of Hart J dated 26 November 2004 was varied so as to reinstate the tenancy, in accordance with paragraph 1 of a draft order produced by the parties. The defendants’ appeal against the order on the claim was otherwise dismissed. The date for reinstatement remained to be resolved.
2. Counterclaim. The defendants’ appeal against the order on the counterclaim was allowed to a limited extent. DEFRA was ordered to pay the second defendant £1,000 damages for trespass committed by the permanent burial of material in the raised area referred to in the judgments. The appeal was otherwise dismissed.
3. The claimant’s appeal against the order on the counterclaim was dismissed.
4. The question of costs was adjourned for further argument or agreement. Permission to appeal to the House of Lords was refused because the Court of Appeal had no power to extend the relevant time limit. The parties were given liberty to apply.

No substantive reasoning is included in the supplied extract, so no further ratio or treatment of authorities can be identified from it.

• Court of Appeal (Civil Division): In [2005] EWCA Civ 1658, the order below was varied to reinstate the tenancy. The defendants’ appeal on the claim was otherwise dismissed. The counterclaim appeal was allowed only to award £1,000 damages for trespass, and the claimant’s appeal on the counterclaim was dismissed.
• High Court of Justice, Chancery Division: Hart J made an order dated 26 November 2004. The supplied extract gives no citation or further details of that order.