Source: All England Reporter
Publisher Citation: [2005] All ER (D) 285 (Nov)
Court: Court of Appeal, Civil Division

Ward and Arden LJJ

Representation Jonathan Easton (instructed by Davina Fiore) for the authority.
  Andrew Gumbiti-Zimuto (instructed by Law For All) for the tenant.
Judgment Dates: 22 November 2005


Practice - Appeal - Appeal from district judge - Judge re-hearing case - Whether judge erring in proceeding by way of re-hearing - CPR 52.11(1)(b), SI 1998/3132.

The Case

A tenant's appeal against the judge's decision, upon proceeding on the local authority's appeal by way of a re-hearing, to execute a possession order in favour of the authority was allowed on the ground, inter alia, that there had been no injustice in the way the case had been handled below and no injustice which would have compelled the judge to re-hear the case.

Practice Areas

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