Source: All England Reporter
Publisher Citation: [2001] All ER (D) 409 (Feb)
Neutral Citation: [2001] EWCA Civ 944
Court: Court of Appeal, Civil Division

Schiemann, Sedley LJJ and Blackburne J

Representation David Watkinson (instructed by Tyndalwoods, Birmingham) for G.
  Bryan McGuire (instructed by Anthony Collins, Birmingham) for the trust.
Judgment Dates: 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 Case

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.

Practice Areas

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