Admiral Taverns (Cygnet) Ltd v Daniel & Anor [2008] EWHC 1688 (QB) (21 July 2008)

Section 89(1) of the Housing Act 1980 does not restrict the power of an appellate court to stay execution of a possession order pending appeal; the restrictions apply only to the court making the original possession order.

Citation: [2008] EWHC 1688
Parties: Claimant/respondent: Admiral Taverns (Cygnet) Limited; Defendant/applicant: Craig Daniel; Defendant/applicant: Tracy Daly
Jurisdiction: England and Wales
Judgment Date: 21 July 2008
Procedural Posture: Application to Set Aside Order / Post Judgment, Application to Set Aside Order Under CPR 39.3(3)
Outcome: Application to set aside granted
Legal Topics: Stay of Execution, Possession Proceedings, Appellate Jurisdiction, Section 89 Housing Act 1980

Civil Procedure Landlord and Tenant Stay of Execution Possession Proceedings Appellate Jurisdiction Section 89 Housing Act 1980

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Parties

Admiral Taverns (Cygnet) Limited

Claimant/respondent

Craig Daniel

Defendant/applicant

Tracy Daly

Defendant/applicant

Procedural Posture

Application to Set Aside Order / Post Judgment, Application to Set Aside Order Under CPR 39.3(3)

Legal Issues

1 Whether section 89(1) of the Housing Act 1980 restricts the power of an appellate court to stay execution of a possession order pending appeal
2 Whether the order made on 10 July 2008 should be set aside

Ratio Decidendi

Court Disposition

Application to set aside granted

Orders

Order of 10 July 2008 set aside
Execution of the possession order made on 29 April 2008 stayed pending determination of the application for permission to appeal