London Borough of Hackney v Okoro [2020] EWCA Civ 681 (27 May 2020)

London Borough of Hackney v Okoro [2020] EWCA Civ 681 (27 May 2020)

PD 51Z applies to appeals from possession orders brought under CPR Part 55, as such appeals are part of the proceedings initiated under Part 55 and the stay furthers the purpose of protecting court capacity and public health during the pandemic.

Citation
[2020] EWCA Civ 681
Parties
Claimant/respondent: London Borough of Hackney; Defendant/appellant: Kevin Okoro
Jurisdiction
England and Wales
Judgment Date
27 May 2020
Procedural Posture
Appeal From Possession Order / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Practice Direction 51 Z, Stay of Possession Proceedings, Appeals Under CPR Part 55, COVID 19 Protocol
Civil Procedure Housing Law Practice Direction 51 Z Stay of Possession Proceedings Appeals Under CPR Part 55 COVID 19 Protocol

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

London Borough of Hackney

Claimant/respondent

Kevin Okoro

Defendant/appellant

Procedural Posture

Appeal From Possession Order / Court of Appeal Judgment

Legal Issues

  1. 1 Does Practice Direction 51Z stay appeals from possession orders brought under CPR Part 55?
  2. 2 Are appeals governed by CPR Part 52 excluded from the stay imposed by PD 51Z?

Ratio Decidendi

PD 51Z applies to appeals from possession orders brought under CPR Part 55, as such appeals are part of the proceedings initiated under Part 55 and the stay furthers the purpose of protecting court capacity and public health during the pandemic.

Court Disposition

Appeal allowed

Orders

  • The stay imposed by PD 51Z applies to Mr Okoro's appeal from the possession order.
  • The claim, including the appeal, is returned to the County Court for further consideration after the termination of the stay.