Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB) (12 June 2020)

Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB) (12 June 2020)

Because the appeal hearing took place while the stay under PD 51Z was in force, and in light of subsequent Court of Appeal judgments, the parties must be given an opportunity to make further submissions after the stay is lifted and before judgment is handed down.

Citation
[2020] EWHC 1532
Parties
Claimant/respondent: Bromford Housing Association Limited; Defendant/appellant: Mr Kevin Nightingale; Defendant/appellant: Mrs Caroline Nightingale
Jurisdiction
England and Wales
Judgment Date
12 June 2020
Procedural Posture
Appeal / Further Consideration of Stay Pending Hand Down of Judgment
Outcome
Order of 28 May 2020 remains in place; no change to the stay or process for hand-down of judgment.
Legal Topics
Possession Proceedings, Stay of Proceedings, Appeals Process, COVID 19 Practice Direction PD 51 Z
Civil Procedure Housing Law Possession Proceedings Stay of Proceedings Appeals Process COVID 19 Practice Direction PD 51 Z

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Parties

Bromford Housing Association Limited

Claimant/respondent

Mr Kevin Nightingale

Defendant/appellant

Mrs Caroline Nightingale

Defendant/appellant

Procedural Posture

Appeal / Further Consideration of Stay Pending Hand Down of Judgment

Legal Issues

  1. 1 Whether the stay imposed by PD 51Z affects the timing of the hand-down of judgment in possession proceedings
  2. 2 Whether the judgment in Copeland v Royal Bank of Scotland plc requires reconsideration of the existing order regarding the stay

Ratio Decidendi

Because the appeal hearing took place while the stay under PD 51Z was in force, and in light of subsequent Court of Appeal judgments, the parties must be given an opportunity to make further submissions after the stay is lifted and before judgment is handed down.

Court Disposition

Order of 28 May 2020 remains in place; no change to the stay or process for hand-down of judgment.

Orders

  • Parties to notify the Court once the stay is lifted.
  • Parties have 14 days from lifting of the stay to lodge further written submissions or indicate no further submissions.