Fradkina v Network Housing Association [2002] EWCA Civ 1715 (13 November 2002)

Fradkina v Network Housing Association [2002] EWCA Civ 1715 (13 November 2002)

The appeal was allowed to the extent that all outstanding actions between the parties should be transferred to the Central London County Court and consolidated, as the respondent did not object and the claimant's concerns about jurisdiction were unfounded.

Citation
[2002] EWCA Civ 1715
Parties
Claimant/appellant: Raisa Fradkina; Defendant/respondent: Network Housing Association
Jurisdiction
England and Wales
Judgment Date
13 November 2002
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed in part; actions transferred and consolidated; costs order made.
Legal Topics
Default Judgment, Transfer of Proceedings, Consolidation of Actions, Jurisdiction, Case Management
Landlord and Tenant Civil Procedure Default Judgment Transfer of Proceedings Consolidation of Actions Jurisdiction Case Management

Case Brief

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Parties

Raisa Fradkina

Claimant/appellant

Network Housing Association

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the claimant was entitled to default judgment
  2. 2 Whether the action should be transferred to another county court
  3. 3 Whether the county court had jurisdiction to award damages for breach of Convention rights

Ratio Decidendi

The appeal was allowed to the extent that all outstanding actions between the parties should be transferred to the Central London County Court and consolidated, as the respondent did not object and the claimant's concerns about jurisdiction were unfounded.

Court Disposition

Appeal allowed in part; actions transferred and consolidated; costs order made.

Orders

  • All outstanding actions between the parties to be transferred to the Central London County Court and consolidated.
  • Appellant to pay respondent's costs assessed at £1,500, not payable unless the appellant receives an award of damages, in which case the sum will be set off against damages.