Plymouth City Council v Hoskin [2002] EWCA Civ 261 (18 February 2002)

Plymouth City Council v Hoskin [2002] EWCA Civ 261 (18 February 2002)

The application for permission to appeal raises troubling issues regarding the District Judge's approach to proportionality and the consequences of eviction for a disabled tenant, warranting consideration by a full court.

Citation
[2002] EWCA Civ 261
Parties
Claimant/respondent: Plymouth City Council; Defendant/applicant: Ivor Hoskin
Jurisdiction
England and Wales
Judgment Date
18 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal From a County Court Possession Order
Outcome
Application for permission to appeal adjourned to a full court; stay on execution of possession order granted pending further proceedings.
Legal Topics
Possession Orders, Anti Social Behaviour, Disability and Housing, Article 8 ECHR, Access to Justice Act 1999, Suspension of Possession Orders
Housing Law Civil Procedure Human Rights Possession Orders Anti Social Behaviour Disability and Housing Article 8 ECHR Access to Justice Act 1999 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Plymouth City Council

Claimant/respondent

Ivor Hoskin

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal From a County Court Possession Order

Legal Issues

  1. 1 Whether the outright possession order was appropriate given the applicant's circumstances
  2. 2 Whether the District Judge properly considered the proportionality and reasonableness under Article 8 ECHR and the Human Rights Act
  3. 3 Whether the applicant was misled regarding post-eviction housing obligations

Ratio Decidendi

The application for permission to appeal raises troubling issues regarding the District Judge's approach to proportionality and the consequences of eviction for a disabled tenant, warranting consideration by a full court.

Court Disposition

Application for permission to appeal adjourned to a full court; stay on execution of possession order granted pending further proceedings.

Orders

  • Application for permission to appeal adjourned to a full court.
  • Stay on execution of possession order pending renewal before the full court.