||All England Reporter
|| All ER (D) 149 (Jan)
|| EWCA Civ 8
||Court of Appeal, Civil Division
Arden, Wilson and Toulson LJJ
||Kerry Bretherton (instructed by Hackney Legal Services) for the authority.
|| Sylvester Carrott (instructed by Hodge, Jones & Allen) for the defendant.
||20 January 2011
Landlord and tenant - Possession - Action for possession - Defendant falling into arrears of payment of rent to claimant local housing authority - Authority commencing possession proceedings - Possession order made in defendant's absence - Defendant applying to set aside or vary possession order - Judge setting aside possession order - Authority appealing - Whether discretion under CPR to set aside a possession order made in the absence of party should be exercised - Whether order of judge should be set aside - s 85(2) - CPR 3.1, 39.
Landlord and tenant Possession. The Court of Appeal, Civil Division, found that the circuit judge had erred in: (a) not concluding that the district judge's order should be set aside; and (b) in not re-exercising the discretion to determine the defendant's application to set aside a possession order made against him. Accordingly, the outstanding issues would be remitted. The court further found that the approach of the court in Forcelux Ltd v Binnie to the exercise of its discretion was per incuriam
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases