Ferrera v Hardy

Ferrera v Hardy

The Council did not owe a civil debt to Mr Ferrera; the housing benefit payments were intended to discharge the tenant's liability to the landlord, not a debt owed by the Council to the agent. Therefore, no debt existed to which a third party debt order could attach.

Parties
Claimant/applicant: Hardy; Defendant/respondent: Ferrera; Interested Party: Liverpool City Council; Landlord's Agent: Emmanual Ebikake
Jurisdiction
England and Wales
Judgment Date
07 October 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Third Party Debt Orders, Housing Benefit Payments, Trust Funds Attachment, Agency Relationship
Civil Procedure Trusts and Agency Third Party Debt Orders Housing Benefit Payments Trust Funds Attachment Agency Relationship

Case Brief

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Parties

Hardy

Claimant/applicant

Ferrera

Defendant/respondent

Liverpool City Council

Interested Party

Emmanual Ebikake

Landlord's Agent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a third party debt order can attach housing benefit payments made by a council to a landlord's agent
  2. 2 Whether the council owes a civil debt to the agent under CPR 72
  3. 3 Whether monies held by an agent are trust funds not attachable to satisfy personal debts

Ratio Decidendi

The Council did not owe a civil debt to Mr Ferrera; the housing benefit payments were intended to discharge the tenant's liability to the landlord, not a debt owed by the Council to the agent. Therefore, no debt existed to which a third party debt order could attach.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; original order upheld