A woman from Ramsey has won an appeal case in a long-running dispute with her property’s freeholder.
Vicki Ann Skellorn appealed a decision by Deemster Needham to strike out her personal injury claim from proceedings against ABA Property Management Limited.
The case concerns alleged breaches of covenant by the freeholder to maintain the building at Sea View Villa.
The court ruled that the Deemster’s decision to remove the claim on grounds of delay was wrong.
Irregularity
The court found a procedural irregularity, noting Mrs Skellorn was not given notice or opportunity to address the strike-out.
Judge of Appeal Cross KC stated the Deemster “failed to consider the strictures” of the relevant legal test and did not explore less draconian alternatives.
On the suggested option of starting a fresh claim, the court noted it “might result in delaying the conclusion of the case even further.”
The appeal was allowed, reinstating the personal injury claim. A case management hearing will be scheduled once a medical report is obtained.