Boyland and Son Ltd v Rand

Boyland and Son Ltd v Rand

The court does not have power to postpone possession orders against trespassers under Section 89 of the Housing Act 1980 or Article 8 ECHR; existing case law remains binding.

Parties
Claimant/respondent: Boyland and Son Limited; Defendant/appellant: Lesley Rand
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed; stay of execution discharged.
Legal Topics
Possession Proceedings, Trespassers' Rights, Suspension of Possession Orders, Section 89 Housing Act 1980, Article 8 ECHR
Land Law Civil Procedure Possession Proceedings Trespassers' Rights Suspension of Possession Orders Section 89 Housing Act 1980 Article 8 ECHR

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Parties

Boyland and Son Limited

Claimant/respondent

Lesley Rand

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the court has power to give trespassers time to vacate when making an order for possession
  2. 2 Whether Section 89 of the Housing Act 1980 alters the court's power regarding postponement for trespassers
  3. 3 Whether Article 8 ECHR requires the court to allow time for trespassers occupying as their home

Ratio Decidendi

The court does not have power to postpone possession orders against trespassers under Section 89 of the Housing Act 1980 or Article 8 ECHR; existing case law remains binding.

Court Disposition

Application for permission to appeal dismissed; stay of execution discharged.

Orders

  • Application refused
  • Stay of execution lifted