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

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

Despite procedural defaults in notice and failure to disclose pending appeal, adequate notice of intent to enforce was given prior to execution and appeals had concluded. No credible grounds for stay based on public sector equality duty. Writ of possession validly issued under CPR 3.10.

Citation
[2020] EWHC 838 (QB)
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 Permission to Issue Writ of Possession and Reinstate Defendant
Outcome
Application dismissed
Legal Topics
Possession Orders, Enforcement of Possession, Notice Requirements, Public Sector Equality Duty, Stay of Execution
Property Law Civil Procedure Equality Law Possession Orders Enforcement of Possession Notice Requirements Public Sector Equality Duty 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 Permission to Issue 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 enforcement should be stayed based on public sector equality duty
  3. 3 Whether procedural defects invalidate writ of possession

Ratio Decidendi

Despite procedural defaults in notice and failure to disclose pending appeal, adequate notice of intent to enforce was given prior to execution and appeals had concluded. No credible grounds for stay based on public sector equality duty. Writ of possession validly issued under CPR 3.10.

Court Disposition

Application dismissed

Orders

  • Permission to issue writ of possession not set aside
  • Writ of possession not set aside