||All England Reporter
|| All ER (D) 409 (Feb)
|| EWCA Civ 944
||Court of Appeal, Civil Division
Schiemann, Sedley LJJ and Blackburne J
||David Watkinson (instructed by Tyndalwoods, Birmingham) for G.
||Bryan McGuire (instructed by Anthony Collins, Birmingham) for the trust.
||23 February 2001
Landlord and tenant - Action for possession - Breach of covenant - Possession order - Suspension of possession order - Whether judge erring in exercise of his discretion not to suspend possession order - s 85(2).
The Court of Appeal overturned an order for possession under s85 of the on the ground that the judge had failed to address in his judgment whether a less draconian order under s85(2) such as a suspended order should have been made; in the circumstances, exercising the discretion afresh, the court considered that a suspended order would be appropriate.
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