Southern Housing Group Ltd v Kontou

Southern Housing Group Ltd v Kontou

Permission to appeal was refused because the appeal had no real prospect of success, the counterclaim was properly struck out for non-compliance with a prior order, and the amendment of the order under the slip rule was correct. There was no valid appeal against the original consent order, and the proper remedy for alleged fraud or negligence by legal advisers lies elsewhere.

Parties
Respondent: Southern Housing Group Ltd; Appellant: Ms Kontou
Jurisdiction
England and Wales
Judgment Date
21 May 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Possession Proceedings, Counterclaim for Disrepair, Consent Orders, Appeal Procedure, Setting Aside Judgments
Landlord and Tenant Civil Procedure Possession Proceedings Counterclaim for Disrepair Consent Orders Appeal Procedure Setting Aside Judgments

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Parties

Southern Housing Group Ltd

Respondent

Ms Kontou

Appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether permission to appeal against Judge Mitchell's order of 6 February 2014 should be granted
  2. 2 Whether the counterclaim was properly struck out for non-compliance with a prior order
  3. 3 Whether the amendment of the order under the slip rule was correct

Ratio Decidendi

Permission to appeal was refused because the appeal had no real prospect of success, the counterclaim was properly struck out for non-compliance with a prior order, and the amendment of the order under the slip rule was correct. There was no valid appeal against the original consent order, and the proper remedy for alleged fraud or negligence by legal advisers lies elsewhere.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal against Judge Mitchell's order of 6 February 2014 is refused