Source: All England Reporter
Publisher Citation: [2013] All ER (D) 409 (Jul)
Neutral Citation: [2013] EWHC 2304 (QB)
Court: Queen's Bench Division

Mr Justice Griffith Williams

Representation Bruce Speller (instructed by Funnell & Perring) for the appellant.
  Abigail Cohen (instructed by Jeremy Simon & Co) for the respondent.
Judgment Dates: 26 July 2013


Landlord and tenant - Recovery of possession - Order for possession - Possession order being made against appellant - Appellant's claims that forfeiture order being wrongfully obtained as not properly served, and for unjust enrichment or restitution being dismissed - Appellant appealing - Whether judge erring in finding appellant validly served - Whether judge erring in failing to set aside possession order - County Court's Act 1984 - CPR rr 3.1, 3.4, 3.9, 6.9(2), 24, 39.3.

The Case

Landlord and tenant Recovery of possession. The appellant appealed against a judge's decisions not to set aside the possession order against her, and striking out her claims that the forfeiture order had been obtained wrongfully and seeking damages for unjust enrichment or restitution. The Queen's Bench Division, in dismissing the appeal, held that there had been no grounds for concluding that the judge's conclusions on the possession order had not been supported by the evidence or had been unreasonable. It further held that the judge had not erred in failing to set aside the possession order.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.