London Borough Of Southwark [2002] EWCA Civ 79 (23 January 2002)

London Borough Of Southwark [2002] EWCA Civ 79 (23 January 2002)

The application was dismissed because both the District Judge and the Circuit Judge were entitled to conclude, on the evidence, that the applicant was a persistent non-payer of rent without reasonable excuse, and there was no procedural irregularity or new evidence that justified interfering with the possession order.

Citation
[2002] EWCA Civ 79
Parties
Claimant/respondent: The Mayor and Burgesses of the London Borough of Southwark; Defendant/applicant: Leonard Ogilvy
Jurisdiction
England and Wales
Judgment Date
23 January 2002
Procedural Posture
Civil Appeal (housing/possession) / Application for Permission to Appeal to the Court of Appeal
Outcome
Application dismissed with costs subject to detailed assessment.
Legal Topics
Possession Proceedings, Rent Arrears, Secure Tenancy, Appeals Process, Procedural Irregularity
Housing Law Civil Procedure Possession Proceedings Rent Arrears Secure Tenancy Appeals Process Procedural Irregularity

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Parties

The Mayor and Burgesses of the London Borough of Southwark

Claimant/respondent

Leonard Ogilvy

Defendant/applicant

Procedural Posture

Civil Appeal (housing/possession) / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the District Judge's order for outright possession was justified on the evidence of persistent non-payment of rent
  2. 2 Whether procedural irregularities (absence of contemporaneous notes/recording) invalidated the proceedings
  3. 3 Whether the Circuit Judge erred in refusing to interfere with the District Judge's decision

Ratio Decidendi

The application was dismissed because both the District Judge and the Circuit Judge were entitled to conclude, on the evidence, that the applicant was a persistent non-payer of rent without reasonable excuse, and there was no procedural irregularity or new evidence that justified interfering with the possession order.

Court Disposition

Application dismissed with costs subject to detailed assessment.

Orders

  • Application for permission to appeal dismissed
  • Costs awarded to respondent subject to detailed assessment