Home From Home Ltd. v Home

Home From Home Ltd. v Home

The appeal was dismissed because there was no merit in the appellant's case for relief from forfeiture, no reasonable prospect of success on appeal, and no justification for an adjournment or for admitting new evidence not raised at trial. The Recorder and the judge below exercised their discretion correctly.

Parties
Claimant/respondent: Home From Home Ltd; Defendant/appellant: Tina Home
Jurisdiction
England and Wales
Judgment Date
05 July 2006
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Relief From Forfeiture, Adjournment, Security for Costs, Sub Tenancy Rights
Landlord and Tenant Civil Procedure Relief From Forfeiture Adjournment Security for Costs Sub Tenancy Rights

Case Brief

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Parties

Home From Home Ltd

Claimant/respondent

Tina Home

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether the appellant was entitled to relief from forfeiture as a sub-tenant
  2. 2 Whether the Recorder and the judge erred in refusing relief and/or granting an adjournment on terms of payment into court
  3. 3 Whether new evidence could be adduced on appeal

Ratio Decidendi

The appeal was dismissed because there was no merit in the appellant's case for relief from forfeiture, no reasonable prospect of success on appeal, and no justification for an adjournment or for admitting new evidence not raised at trial. The Recorder and the judge below exercised their discretion correctly.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No relief from forfeiture granted