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 possession claims 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, while a non-final decision (such as an adjournment of the possession claim) is appealable to the High Court. The judge at first instance correctly allocated the claim to the multi-track given the complexity of the issues.

Citation
[2012] EWHC 1620 (QB)
Parties
Claimant/respondent: London Borough of Southwark; Defendant/appellant: Roy Ofogba
Jurisdiction
England and Wales
Judgment Date
15 June 2012
Procedural Posture
Appeal / Appeal From Central London County Court to High Court, With Transfer to Court of Appeal
Outcome
Permission to appeal on Grounds 2 and 3 revoked; appeal on Ground 1 (adjournment of possession claim) transferred to Court of Appeal.
Legal Topics
Routes of Appeal, Possession Claims, Rent Arrears, Multi Track Allocation
Civil Procedure Housing Law Routes of Appeal Possession Claims Rent Arrears Multi Track Allocation

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Parties

London Borough of Southwark

Claimant/respondent

Roy Ofogba

Defendant/appellant

Procedural Posture

Appeal / Appeal From Central London County Court to High Court, With Transfer to Court of Appeal

Legal Issues

  1. 1 What is the correct route of appeal for final and non-final decisions in possession claims allocated to the multi-track under CPR Part 55?
  2. 2 Whether the judge erred in adjourning the claim for possession after indicating dismissal in the draft judgment.

Ratio Decidendi

In possession claims 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, while a non-final decision (such as an adjournment of the possession claim) is appealable to the High Court. The judge at first instance correctly allocated the claim to the multi-track given the complexity of the issues.

Court Disposition

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

Orders

  • Permission to appeal on Grounds 2 and 3 (money judgment) revoked; must be sought from Court of Appeal.
  • Permission to appeal on Ground 1 (adjournment) granted and transferred to Court of Appeal.