Brighton & Hove City Council v Gill [2001] EWCA Civ 1240 (13 June 2001)

Brighton & Hove City Council v Gill [2001] EWCA Civ 1240 (13 June 2001)

The application for permission to appeal is adjourned for a hearing between the parties because there are unresolved factual issues regarding the applicant's benefit applications and compliance with the suspended possession order, and these were not fully considered by the lower courts.

Citation
[2001] EWCA Civ 1240
Parties
Claimant/respondent: Brighton & Hove City Council; Defendant/applicant: Ian Gill
Jurisdiction
England and Wales
Judgment Date
13 June 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal; Adjourned for Inter Partes Hearing
Outcome
Application for permission to appeal adjourned for inter partes hearing; stay of execution of warrant granted pending hearing; no order for costs.
Legal Topics
Possession Proceedings, Suspended Possession Order, Housing Benefit, Income Support, Appeals Process, Jurisdiction
Landlord and Tenant Civil Procedure Possession Proceedings Suspended Possession Order Housing Benefit Income Support Appeals Process Jurisdiction

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Parties

Brighton & Hove City Council

Claimant/respondent

Ian Gill

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal; Adjourned for Inter Partes Hearing

Legal Issues

  1. 1 Whether the lower courts properly considered the applicant's reliance on housing benefit and income support in compliance with a suspended possession order
  2. 2 Whether the correct appellate procedure and jurisdiction were followed for a second appeal from a county court decision

Ratio Decidendi

The application for permission to appeal is adjourned for a hearing between the parties because there are unresolved factual issues regarding the applicant's benefit applications and compliance with the suspended possession order, and these were not fully considered by the lower courts.

Court Disposition

Application for permission to appeal adjourned for inter partes hearing; stay of execution of warrant granted pending hearing; no order for costs.

Orders

  • Application for permission to appeal adjourned for hearing between parties
  • Appeal to follow as soon as possible if permission granted