Howard v Stanton

Howard v Stanton

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 a specific order or request for her attendance. The proper remedy is to set aside the order allowing the appeal and remit the matter for redetermination.

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
Legal Topics
Appeals, Procedural Irregularity, Tenancy Deposit, Failure to Attend Hearing
Civil Procedure Landlord and Tenant Appeals Procedural Irregularity Tenancy Deposit Failure to Attend Hearing

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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 a procedural irregularity for the judge to hear and allow the appeal in the absence of the respondent without proper notice or request for attendance
  2. 2 Whether the order allowing the appeal should be set aside and the matter remitted for rehearing

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 a specific order or request for her attendance. The proper remedy is to set aside the order allowing the appeal and remit the matter for redetermination.

Court Disposition

appeal allowed

Orders

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