London Borough of Lambeth v Debrah [2007] EWCA Civ 1503 (30 October 2007)

London Borough of Lambeth v Debrah [2007] EWCA Civ 1503 (30 October 2007)

The judge was entitled to refuse to stay or suspend the possession order given the serious and repeated nuisance, lack of compelling evidence of rehabilitation, and the ongoing risk to neighbours. The judge properly considered the relevant statutory factors and exercised his discretion judicially. No error of law or perversity was shown.

Citation
[2007] EWCA Civ 1503
Parties
Respondent/claimant: London Borough of Lambeth; Appellant/defendant: Debrah
Jurisdiction
England and Wales
Judgment Date
30 October 2007
Procedural Posture
Appeal / Application for Permission to Appeal From Order Refusing to Stay or Suspend Execution of Possession Order
Outcome
Application for permission to appeal refused
Legal Topics
Possession Proceedings, Suspension of Possession Orders, Anti Social Behaviour, Drug Related Nuisance, Judicial Discretion, Proportionality, Article 8 ECHR
Housing Law Civil Procedure Possession Proceedings Suspension of Possession Orders Anti Social Behaviour Drug Related Nuisance Judicial Discretion Proportionality +1 more

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Parties

London Borough of Lambeth

Respondent/claimant

Debrah

Appellant/defendant

Procedural Posture

Appeal / Application for Permission to Appeal From Order Refusing to Stay or Suspend Execution of Possession Order

Legal Issues

  1. 1 Whether the judge erred in refusing to stay or suspend the execution of the possession order
  2. 2 Whether the judge improperly relied on evidence of a nearby manslaughter
  3. 3 Whether the judge failed to give proper weight to the absence of recent misconduct

Ratio Decidendi

The judge was entitled to refuse to stay or suspend the possession order given the serious and repeated nuisance, lack of compelling evidence of rehabilitation, and the ongoing risk to neighbours. The judge properly considered the relevant statutory factors and exercised his discretion judicially. No error of law or perversity was shown.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Possession order stands as made by the county court