Hertfordshire County Council v Davies [2020] EWHC 838 (QB) (09 April 2020)

Hertfordshire County Council v Davies [2020] EWHC 838 (QB) (09 April 2020)

Permission to issue the writ of possession was validly granted despite procedural defaults because adequate notice of intent to enforce was given prior to enforcement, appeals had concluded, and no credible grounds for stay under public sector equality duty existed. Procedural errors did not invalidate enforcement under CPR 3.10.

Citation
[2020] EWHC 838
Parties
Claimant/respondent: Hertfordshire County Council; Defendant/applicant: Bryn Davies
Jurisdiction
England and Wales
Judgment Date
09 April 2020
Procedural Posture
Possession Proceedings / Application to Set Aside Writ of Possession and Reinstate Defendant
Outcome
Application dismissed
Legal Topics
Possession Orders, Enforcement of Possession, Public Sector Equality Duty, Notice Requirements, Stay of Execution
Civil Procedure Land Law Equality Law Possession Orders Enforcement of Possession Public Sector Equality Duty Notice Requirements Stay of Execution

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Parties

Hertfordshire County Council

Claimant/respondent

Bryn Davies

Defendant/applicant

Procedural Posture

Possession Proceedings / Application to Set Aside Writ of Possession and Reinstate Defendant

Legal Issues

  1. 1 Whether permission to issue writ of possession should be set aside due to lack of notice and failure to disclose pending appeal
  2. 2 Whether writ of possession should be set aside for procedural defects
  3. 3 Whether public sector equality duty provides grounds for stay of enforcement

Ratio Decidendi

Permission to issue the writ of possession was validly granted despite procedural defaults because adequate notice of intent to enforce was given prior to enforcement, appeals had concluded, and no credible grounds for stay under public sector equality duty existed. Procedural errors did not invalidate enforcement under CPR 3.10.

Court Disposition

Application dismissed

Orders

  • Permission to issue writ of possession not set aside
  • Writ of possession validly issued under CPR 3.10