Admiral Taverns (Cygnet) Ltd v Daniel & Anor

Section 89(1) Housing Act 1980 does not restrict the power of an appellate court to stay execution of a possession order pending appeal; Parliament did not intend to deny an appellate court the discretion to preserve the position until the appeal is determined.

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: Civil / Application to Set Aside Order
Outcome: Application to set aside order granted
Legal Topics: Stay of Execution, Possession Proceedings, Appellate Jurisdiction, Interpretation of Section 89 Housing Act 1980

Land Law Civil Procedure Stay of Execution Possession Proceedings Appellate Jurisdiction Interpretation of 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

Civil / Application to Set Aside Order

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 Proper construction of section 89(1) Housing Act 1980

Ratio Decidendi

Court Disposition

Application to set aside order 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