Secretary of State for Defence v Nicholas

Secretary of State for Defence v Nicholas

The order for possession and the warrant of eviction were set aside because the application for the writ failed to disclose the pending application for permission to appeal to the Supreme Court and notice of the application was not given to the defendant, both of which are required for fairness and compliance with procedural rules.

Parties
Claimant: Secretary of State for Defence; Defendant: Helen Nicholas
Jurisdiction
England and Wales
Judgment Date
24 August 2015
Procedural Posture
Civil / Application to Set Aside Order for Writ of Possession
Outcome
Order for possession and warrant of eviction set aside.
Legal Topics
Possession Proceedings, Appeals, Notice Requirements, Execution of Writs
Property Law Civil Procedure Possession Proceedings Appeals Notice Requirements Execution of Writs

Case Brief

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Parties

Secretary of State for Defence

Claimant

Helen Nicholas

Defendant

Procedural Posture

Civil / Application to Set Aside Order for Writ of Possession

Legal Issues

  1. 1 Whether the order granting permission to issue a writ of possession should be set aside
  2. 2 Whether notice of the application for writ of possession was required and properly given
  3. 3 Effect of pending application for permission to appeal to the Supreme Court

Ratio Decidendi

The order for possession and the warrant of eviction were set aside because the application for the writ failed to disclose the pending application for permission to appeal to the Supreme Court and notice of the application was not given to the defendant, both of which are required for fairness and compliance with procedural rules.

Court Disposition

Order for possession and warrant of eviction set aside.

Orders

  • Order of Deputy Master Matthews and warrant of eviction set aside.
  • Defendant to be provided with a set of keys to the property to allow access.