ON APPEAL FROM SOUTHEND COUNTY COURT
(HIS HONOUR JUDGE MURFITT)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE LLOYD
| WEBB & ANR
- and -
MARKOS & ANR
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The Respondent did not appear and was not represented.
Crown Copyright ©
Lord Justice Lloyd:
"On 6 May 2011 Beatson J accepted that my mother was incapable of attending and representing herself and that nobody was representing or speaking on her behalf."
He goes on to say:
"However, the High Court order clearly did not determine my appeal."
That is a point which I do not fully understand, but we have a copy of Beatson J's order which refers to the Appellant's Notice on the part of Mrs Markos. It refers to Mr Markos being present, and it dismisses the application for permission to appeal.
"From that point of view, therefore, she has a dilemma, although I can see she may not feel it to be so because I can imagine that at her age and in the state of health, and at the stage of life that she has reached, she is simply not prepared to contemplate moving out."
That is evidently so, but the point has come at which there is no alternative, and as it seems to me, with regret, she will have to be obliged to move out, and no doubt Mr Webb and Mr MacDonald will be aware that they may need to take steps to make sure that she and her son do not attempt to break back in, as they did on one previous occasion.
Lord Justice Rix:
Order: Appeals dismissed.