Boyland and Son Ltd v Rand [2006] EWCA Civ 1860 (20 December 2006)

Boyland and Son Ltd v Rand [2006] EWCA Civ 1860 (20 December 2006)

Section 89 of the Housing Act 1980 does not confer jurisdiction on the court to allow time to trespassers to vacate; it only restricts the exercise of existing jurisdiction. The established law, as confirmed by McPhail and subsequent authorities, is that the court has no power to grant time to trespassers absent the claimant's agreement. Article 8 ECHR does not alter this position.

Citation
[2006] EWCA Civ 1860
Parties
Claimant/respondent: Boyland and Son Limited; Defendant/appellant: Lesley Rand
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Possession Orders, Trespassers, Stay of Execution, Housing Act 1980, Article 8 ECHR
Property Law Civil Procedure Possession Orders Trespassers Stay of Execution Housing Act 1980 Article 8 ECHR

Case Brief

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Parties

Boyland and Son Limited

Claimant/respondent

Lesley Rand

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the court has power to give trespassers time to vacate when making an order for possession
  2. 2 Whether Section 89 of the Housing Act 1980 confers such power
  3. 3 Whether Article 8 of the European Convention on Human Rights affects the court's power

Ratio Decidendi

Section 89 of the Housing Act 1980 does not confer jurisdiction on the court to allow time to trespassers to vacate; it only restricts the exercise of existing jurisdiction. The established law, as confirmed by McPhail and subsequent authorities, is that the court has no power to grant time to trespassers absent the claimant's agreement. Article 8 ECHR does not alter this position.

Court Disposition

application refused

Orders

  • Application for permission to appeal dismissed
  • Stay of execution discharged