Ferrera v Hardy [2015] EWCA Civ 1202 (07 October 2015)

Ferrera v Hardy [2015] EWCA Civ 1202 (07 October 2015)

There was no debt owed by the Council to Mr Ferrera within the meaning of CPR Part 72, as the Council was discharging the tenant's liability to the landlord, not paying a debt to Mr Ferrera. Therefore, the third party debt order could not attach to these funds.

Citation
[2015] EWCA Civ 1202
Parties
Defendant/respondent: Ferrera; Claimant/applicant: Hardy; Third Party: Liverpool City Council; Landlords' Agent/interested Party: Emmanual Ebikake
Jurisdiction
England and Wales
Judgment Date
07 October 2015
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Third Party Debt Orders, Agency, Housing Benefit, Trusts, Enforcement of Judgments
Civil Procedure Trusts and Equity Housing Law Third Party Debt Orders Agency Housing Benefit Trusts Enforcement of Judgments

Case Brief

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Parties

Ferrera

Defendant/respondent

Hardy

Claimant/applicant

Liverpool City Council

Third Party

Emmanual Ebikake

Landlords' Agent/interested Party

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether money paid by a local authority to a landlord's agent as housing benefit can be subject to a third party debt order to satisfy the agent's personal judgment debt
  2. 2 Whether the relationship between the landlord and agent creates a trust over the funds received

Ratio Decidendi

There was no debt owed by the Council to Mr Ferrera within the meaning of CPR Part 72, as the Council was discharging the tenant's liability to the landlord, not paying a debt to Mr Ferrera. Therefore, the third party debt order could not attach to these funds.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of the High Court upheld