Hardwick Nominees Ltd v Nottingham City Council [2002] EWCA Civ 1356 (4 September 2002)

Hardwick Nominees Ltd v Nottingham City Council [2002] EWCA Civ 1356 (4 September 2002)

The application did not raise an important point of principle or practice, nor any other compelling reason for a second appeal. The issue was a question of fact already determined by the trial judge, who correctly applied the relevant legal principles. Permission to appeal was therefore refused under CPR 52.13.

Citation
[2002] EWCA Civ 1356
Parties
Claimant/applicant: Hardwick Nominees Limited; Defendant/respondent: Nottingham City Council
Jurisdiction
England and Wales
Judgment Date
04 September 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
House in Multiple Occupation, Appeals Process, Fire Safety Notices
Housing Law Civil Procedure House in Multiple Occupation Appeals Process Fire Safety Notices

Case Brief

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Parties

Hardwick Nominees Limited

Claimant/applicant

Nottingham City Council

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the premises constituted one or two houses in multiple occupation under the Housing Act 1985
  2. 2 Whether the notice served under section 352 was defective for not treating the properties as two separate houses
  3. 3 Whether the requirements for permission to appeal under CPR 52.13 were met

Ratio Decidendi

The application did not raise an important point of principle or practice, nor any other compelling reason for a second appeal. The issue was a question of fact already determined by the trial judge, who correctly applied the relevant legal principles. Permission to appeal was therefore refused under CPR 52.13.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused