Morgan v Southend County Court [2005] EWCA Civ 1740 (11 November 2005)

Morgan v Southend County Court [2005] EWCA Civ 1740 (11 November 2005)

The application for permission to appeal was refused because the claims were struck out as wholly devoid of merit and an abuse of process, and there was no justification for the Court of Appeal's interference. The applicant's proper recourse was to apply in the County Court to set aside the orders made without notice.

Citation
[2005] EWCA Civ 1740
Parties
Claimant/appellant/respondent: Michael Morgan; Defendant/respondent: Southend County Court; Defendant/respondent: Basildon Community Housing Association; Defendant/respondent: Chief Constable of Essex Police
Jurisdiction
England and Wales
Judgment Date
11 November 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Civil Restraint Orders, Abuse of Process, Damages for Unlawful Eviction, Human Rights Act Article 6, Statutory Tort Under Housing Act 1988
Civil Procedure Housing Law Human Rights Civil Restraint Orders Abuse of Process Damages for Unlawful Eviction Human Rights Act Article 6 Statutory Tort Under Housing Act 1988

Case Brief

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Parties

Michael Morgan

Claimant/appellant/respondent

Southend County Court

Defendant/respondent

Basildon Community Housing Association

Defendant/respondent

Chief Constable of Essex Police

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claims struck out were wholly devoid of merit and an abuse of process
  2. 2 Whether the Civil Restraint Order was properly made
  3. 3 Whether the applicant has a viable claim for damages under sections 12 and 27 of the Housing Act 1988

Ratio Decidendi

The application for permission to appeal was refused because the claims were struck out as wholly devoid of merit and an abuse of process, and there was no justification for the Court of Appeal's interference. The applicant's proper recourse was to apply in the County Court to set aside the orders made without notice.

Court Disposition

Application refused

Orders

  • Transcript of judgment to be supplied to appellant at public expense