Calvert v London Borough Of Southwark Council [2002] EWCA Civ 1254 (21 August 2002)

Calvert v London Borough Of Southwark Council [2002] EWCA Civ 1254 (21 August 2002)

Application for permission to appeal cannot be determined without notice to the respondent and full understanding of facts and issues; case adjourned for hearing on notice.

Citation
[2002] EWCA Civ 1254
Parties
Claimant/applicant: Frederick Calvert; Defendant/respondent: London Borough of Southwark Council
Jurisdiction
England and Wales
Judgment Date
21 August 2002
Procedural Posture
Landlord and Tenant Appeal / Application for Permission to Appeal; Adjourned for Hearing on Notice
Outcome
Application for permission to appeal adjourned to be heard on notice.
Legal Topics
Right to Buy, Succession of Tenancy, Possession Proceedings, Appeal Procedure
Landlord and Tenant Civil Procedure Right to Buy Succession of Tenancy Possession Proceedings Appeal Procedure

Case Brief

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Parties

Frederick Calvert

Claimant/applicant

London Borough of Southwark Council

Defendant/respondent

Procedural Posture

Landlord and Tenant Appeal / Application for Permission to Appeal; Adjourned for Hearing on Notice

Legal Issues

  1. 1 Whether Mr Calvert has a right to seek permission to appeal from the order of 18 January 2002
  2. 2 Whether the application for permission to appeal should be made to the Court of Appeal
  3. 3 Whether the Court of Appeal should grant permission to appeal

Ratio Decidendi

Application for permission to appeal cannot be determined without notice to the respondent and full understanding of facts and issues; case adjourned for hearing on notice.

Court Disposition

Application for permission to appeal adjourned to be heard on notice.

Orders

  • Case adjourned to be heard on notice by two Lords Justices.
  • Transcript of judgment to be provided at public expense to the Applicant.