London Borough of Southwark v Ofogba

London Borough of Southwark v Ofogba

The correct route of appeal for final decisions in multi-track possession claims under CPR Part 55 is directly to the Court of Appeal; non-final decisions such as adjournments are appealable to the High Court.

Parties
Claimant/respondent: London Borough of Southwark; Defendant/appellant: Roy Ofogba
Jurisdiction
England and Wales
Judgment Date
15 June 2012
Procedural Posture
Appeal / Judgment on Appeal From Central London County Court
Outcome
Permission to appeal on Grounds 2 and 3 revoked; appeal on Ground 1 transferred to Court of Appeal.
Legal Topics
Routes of Appeal, Possession Claims, Rent Arrears, Notice of Variation, Water Resale Orders
Civil Procedure Housing Law Routes of Appeal Possession Claims Rent Arrears Notice of Variation Water Resale Orders

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Parties

London Borough of Southwark

Claimant/respondent

Roy Ofogba

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the correct route of appeal in possession claims under CPR Part 55 is to the High Court or Court of Appeal
  2. 2 Whether the Council was a water reseller for purposes of Water Resale Orders
  3. 3 Whether valid notices of variation were served for charges imposed by the Council

Ratio Decidendi

The correct route of appeal for final decisions in multi-track possession claims under CPR Part 55 is directly to the Court of Appeal; non-final decisions such as adjournments are appealable to the High Court.

Court Disposition

Permission to appeal on Grounds 2 and 3 revoked; appeal on Ground 1 transferred to Court of Appeal.

Orders

  • Permission to appeal on money judgment grounds revoked; Defendant must seek permission from Court of Appeal.
  • Appeal on adjournment of possession claim transferred to Court of Appeal under CPR Rule 52.14(1)(b).