London Borough Of Haringey v Moodie [2001] EWCA Civ 772 (11 May 2001)

London Borough Of Haringey v Moodie [2001] EWCA Civ 772 (11 May 2001)

The application to reinstate permission to appeal was refused due to inexcusable delay and lack of any real prospect of success, as the case did not raise a point of principle or compelling reason, and the applicant had already had ample opportunity to raise issues of disrepair in prior proceedings.

Citation
[2001] EWCA Civ 772
Parties
Claimant/respondent: London Borough of Haringey; Defendant/applicant: Lloyd Rudolph Moodie
Jurisdiction
England and Wales
Judgment Date
11 May 2001
Procedural Posture
Civil Appeal / Application to Reinstate Permission to Appeal
Outcome
application refused
Legal Topics
Arrears of Rent, Possession Proceedings, Application for Permission to Appeal, Delay in Reinstatement, Counterclaim for Disrepair
Landlord and Tenant Civil Procedure Arrears of Rent Possession Proceedings Application for Permission to Appeal Delay in Reinstatement Counterclaim for Disrepair

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

London Borough of Haringey

Claimant/respondent

Lloyd Rudolph Moodie

Defendant/applicant

Procedural Posture

Civil Appeal / Application to Reinstate Permission to Appeal

Legal Issues

  1. 1 Whether the application to reinstate permission to appeal should be granted after significant delay
  2. 2 Whether there is a real prospect of success on appeal
  3. 3 Whether issues of disrepair can be raised at this stage as a counterclaim or set-off

Ratio Decidendi

The application to reinstate permission to appeal was refused due to inexcusable delay and lack of any real prospect of success, as the case did not raise a point of principle or compelling reason, and the applicant had already had ample opportunity to raise issues of disrepair in prior proceedings.

Court Disposition

application refused

Orders

  • Leave to appeal refused with costs.