Damian Ferko v Ealing Magistrates Court & Ors

Damian Ferko v Ealing Magistrates Court & Ors

The High Court has no power to amend the case stated itself but may remit it to the Magistrates Court for amendment with firm guidance. The case stated must be amended to accurately reflect the issues, findings, and arguments relevant to the appeal, including sufficiency of reasons, timing of reasons, causation, statutory interpretation, and notice requirements.

Parties
Appellant: Damian Ferko; 1st Respondent: Ealing Magistrates Court; 2nd Respondent: Kapiesa Ltd T/A Xara Estates; 3rd Respondent: Surinder Kumar; 4th Respondent: Krishna Kumar
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal by Way of Case Stated / Application to Amend Case Stated Prior to Substantive Appeal
Outcome
Application to remit case stated to Magistrates Court for amendment granted
Legal Topics
Statutory Nuisance, Abatement of Nuisance, Unfitness for Human Habitation, Case Stated Procedure, Sufficiency of Reasons, Notice Requirements
Environmental Law Landlord and Tenant Law Civil Procedure Statutory Nuisance Abatement of Nuisance Unfitness for Human Habitation Case Stated Procedure Sufficiency of Reasons +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Damian Ferko

Appellant

Ealing Magistrates Court

1st Respondent

Kapiesa Ltd T/A Xara Estates

2nd Respondent

Surinder Kumar

3rd Respondent

Krishna Kumar

4th Respondent

Procedural Posture

Appeal by Way of Case Stated / Application to Amend Case Stated Prior to Substantive Appeal

Legal Issues

  1. 1 Whether the Magistrates Court gave sufficient reasons for its no case to answer (NCTA) decisions
  2. 2 Whether ex post facto reasons and findings of fact were lawfully provided after the NCTA decisions
  3. 3 Whether causation for statutory nuisance requires sole or material contribution

Ratio Decidendi

The High Court has no power to amend the case stated itself but may remit it to the Magistrates Court for amendment with firm guidance. The case stated must be amended to accurately reflect the issues, findings, and arguments relevant to the appeal, including sufficiency of reasons, timing of reasons, causation, statutory interpretation, and notice requirements.

Court Disposition

Application to remit case stated to Magistrates Court for amendment granted

Orders

  • The case stated is to be remitted to the Magistrates Court for amendment in accordance with the guidance set out in this judgment.