Bromford Housing Association Ltd v Nightingale & Anor

Bromford Housing Association Ltd v Nightingale & Anor

The order made on 28 May 2020 remains in place because, unlike in Copeland, the stay was in force at the time of the appeal hearing in this case. It is consistent with the spirit of the stay to allow parties a further opportunity to make submissions after the stay is lifted and before judgment is handed down.

Parties
Claimant/respondent: Bromford Housing Association Limited; Defendant/appellant: Mr Kevin Nightingale; Defendant/appellant: Mrs Caroline Nightingale
Jurisdiction
England and Wales
Judgment Date
12 June 2020
Procedural Posture
Civil Appeal / Further Consideration of Stay Pending Appeal Judgment
Outcome
Order of 28 May 2020 remains in place; no change to procedural timetable.
Legal Topics
Stay of Proceedings, Possession Proceedings, Appeal Procedure
Civil Procedure Landlord and Tenant Stay of Proceedings Possession Proceedings Appeal Procedure

Case Brief

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Parties

Bromford Housing Association Limited

Claimant/respondent

Mr Kevin Nightingale

Defendant/appellant

Mrs Caroline Nightingale

Defendant/appellant

Procedural Posture

Civil Appeal / Further Consideration of Stay Pending Appeal Judgment

Legal Issues

  1. 1 Whether the stay imposed by PD 51Z affects the timing of the appeal judgment and further submissions
  2. 2 Whether the judgment in Copeland v Royal Bank of Scotland plc requires reconsideration of the previous order regarding the stay

Ratio Decidendi

The order made on 28 May 2020 remains in place because, unlike in Copeland, the stay was in force at the time of the appeal hearing in this case. It is consistent with the spirit of the stay to allow parties a further opportunity to make submissions after the stay is lifted and before judgment is handed down.

Court Disposition

Order of 28 May 2020 remains in place; no change to procedural timetable.

Orders

  • Parties to notify the court once the stay is lifted.
  • Parties have 14 days after lifting of the stay to make further written submissions or indicate no further submissions.