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)

The stay under PD 51Z was in force at the time of the appeal hearing; therefore, in the interests of fairness and in keeping with the spirit of the stay, 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 (QB)
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; judgment will not be handed down until after the stay is lifted and parties have had opportunity for further submissions.
Legal Topics
Possession Proceedings, Stay of Proceedings, Appeal Process During COVID 19
Civil Procedure Housing Law Possession Proceedings Stay of Proceedings Appeal Process During COVID 19

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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 under PD 51Z affects the timing of judgment hand-down in possession appeals
  2. 2 Whether parties should be allowed to make further submissions after the stay is lifted

Ratio Decidendi

The stay under PD 51Z was in force at the time of the appeal hearing; therefore, in the interests of fairness and in keeping with the spirit of the stay, 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; judgment will not be handed down until after the stay is lifted and parties have had opportunity for further submissions.

Orders

  • Parties to notify court when stay is lifted
  • Parties have 14 days post-stay to make further submissions or indicate no further submissions