Nelson v Circle Thirty Three Housing Trust Ltd

Nelson v Circle Thirty Three Housing Trust Ltd

Fresh evidence showed the first defendant made genuine efforts to obtain the required credit card statements and the failure to comply was due to the bank's fault, not hers. Substantial compliance with the disclosure order and special circumstances justified granting relief from sanctions and restoring the defence.

Parties
Appellant: Margaret Nelson; Appellant: Amanda Murray; Appellant: Lee Murray; Respondent: Circle Thirty Three Housing Trust Ltd
Jurisdiction
England and Wales
Judgment Date
27 January 2014
Procedural Posture
Civil Appeal / Appeal From Possession Order
Outcome
appeal allowed
Legal Topics
Relief From Sanctions, Possession Proceedings, Disclosure Obligations
Civil Procedure Housing Law Relief From Sanctions Possession Proceedings Disclosure Obligations

Case Brief

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Parties

Margaret Nelson

Appellant

Amanda Murray

Appellant

Lee Murray

Appellant

Circle Thirty Three Housing Trust Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Possession Order

Legal Issues

  1. 1 Whether relief from sanctions should be granted for non-compliance with disclosure order
  2. 2 Whether the possession order was properly made in light of the Housing Act 1988 requirements

Ratio Decidendi

Fresh evidence showed the first defendant made genuine efforts to obtain the required credit card statements and the failure to comply was due to the bank's fault, not hers. Substantial compliance with the disclosure order and special circumstances justified granting relief from sanctions and restoring the defence.

Court Disposition

appeal allowed

Orders

  • relief from sanctions granted
  • defence restored