London Borough of Southwark v Ofogba [2012] EWHC 1620 (QB) (15 June 2012)

London Borough of Southwark v Ofogba [2012] EWHC 1620 (QB) (15 June 2012)

In a possession claim under CPR Part 55 allocated to the multi-track, a final decision (such as a money judgment for rent arrears) is appealable only to the Court of Appeal, not the High Court. An adjournment of the possession claim is not a final decision and is appealable to the High Court. Permission to appeal on non-final decisions may be granted by the High Court, but all issues may be transferred to the Court of Appeal for efficiency.

Citation
[2012] EWHC 1620
Parties
Claimant/respondent: London Borough of Southwark; Defendant/appellant: Roy Ofogba
Jurisdiction
England and Wales
Judgment Date
15 June 2012
Procedural Posture
Appeal From County Court (possession Claim, CPR Part 55, Multi Track) / Appeal Hearing Before High Court (queen's Bench Division), With Transfer to Court of Appeal
Outcome
Permission to appeal on Grounds 2 and 3 (money judgment) revoked; permission on Ground 1 (adjournment of possession claim) maintained and appeal transferred to Court of Appeal.
Legal Topics
Routes of Appeal, Possession Claims, Rent Arrears, Multi Track Allocation, Water Resale Orders, Notice of Variation
Civil Procedure Housing Law Routes of Appeal Possession Claims Rent Arrears Multi Track Allocation Water Resale Orders Notice of Variation

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Parties

London Borough of Southwark

Claimant/respondent

Roy Ofogba

Defendant/appellant

Procedural Posture

Appeal From County Court (possession Claim, CPR Part 55, Multi Track) / Appeal Hearing Before High Court (queen's Bench Division), With Transfer to Court of Appeal

Legal Issues

  1. 1 What is the correct route of appeal for a possession claim under CPR Part 55 allocated to the multi-track?
  2. 2 Whether the judge erred in adjourning the claim for possession after indicating dismissal in the draft judgment
  3. 3 Whether the judge erred in findings regarding water reseller status and liability for charges without valid notices

Ratio Decidendi

In a possession claim under CPR Part 55 allocated to the multi-track, a final decision (such as a money judgment for rent arrears) is appealable only to the Court of Appeal, not the High Court. An adjournment of the possession claim is not a final decision and is appealable to the High Court. Permission to appeal on non-final decisions may be granted by the High Court, but all issues may be transferred to the Court of Appeal for efficiency.

Court Disposition

Permission to appeal on Grounds 2 and 3 (money judgment) revoked; permission on Ground 1 (adjournment of possession claim) maintained and appeal transferred to Court of Appeal.

Orders

  • Permission to appeal on Grounds 2 and 3 revoked; Defendant must seek permission from Court of Appeal for those grounds.
  • Permission to appeal on Ground 1 maintained; appeal transferred to Court of Appeal under CPR Rule 52.14(1)(b).