Howard v Stanton [2011] EWCA Civ 1481 (16 November 2011)

Howard v Stanton [2011] EWCA Civ 1481 (16 November 2011)

It was a serious procedural irregularity and injustice for the judge to proceed to hear and allow the substantive appeal in the absence of the respondent, without notice or request for attendance, and without explaining errors in the original judgment or addressing new points not raised in the pleadings. The proper remedy is to set aside the order allowing the appeal and remit the matter for redetermination.

Citation
[2011] EWCA Civ 1481
Parties
Appellant: Howard; Respondent: Stanton
Jurisdiction
England and Wales
Judgment Date
16 November 2011
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed to the extent of setting aside the order allowing the appeal and remitting the appeal for redetermination by a circuit judge.
Legal Topics
Appeals Procedure, Procedural Fairness, Deposit Disputes, Landlord and Tenant Act 1927
Civil Procedure Landlord and Tenant Appeals Procedure Procedural Fairness Deposit Disputes Landlord and Tenant Act 1927

Case Brief

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Parties

Howard

Appellant

Stanton

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether it was procedurally fair for the judge to hear and allow the appeal in the absence of the respondent without notice or request for attendance
  2. 2 Whether the order allowing the appeal should be set aside due to procedural irregularity

Ratio Decidendi

It was a serious procedural irregularity and injustice for the judge to proceed to hear and allow the substantive appeal in the absence of the respondent, without notice or request for attendance, and without explaining errors in the original judgment or addressing new points not raised in the pleadings. The proper remedy is to set aside the order allowing the appeal and remit the matter for redetermination.

Court Disposition

Appeal allowed to the extent of setting aside the order allowing the appeal and remitting the appeal for redetermination by a circuit judge.

Orders

  • Paragraph 2 of HHJ Reid's order set aside
  • Appeal remitted for determination by a circuit judge