London Borough of Hackney v Okoro

London Borough of Hackney v Okoro

The automatic stay imposed by PD 51Z applies to appeals from possession orders brought under CPR Part 55, as such appeals are part of proceedings initiated under CPR Part 55 and the stay's purpose is furthered by including appeals.

Parties
Claimant/respondent: London Borough of Hackney; Defendant/appellant: Kevin Okoro
Jurisdiction
England and Wales
Judgment Date
27 May 2020
Procedural Posture
Civil Appeal / Appeal From Possession Order
Outcome
appeal allowed
Legal Topics
Possession Proceedings, COVID 19 Practice Directions, Appeals, Stay of Proceedings
Civil Procedure Housing Law Possession Proceedings COVID 19 Practice Directions Appeals Stay of Proceedings

Case Brief

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Parties

London Borough of Hackney

Claimant/respondent

Kevin Okoro

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Possession Order

Legal Issues

  1. 1 Does Practice Direction 51Z stay apply to appeals from possession orders brought under CPR Part 55?
  2. 2 Are appeals governed by CPR Part 52 excluded from the stay imposed by PD 51Z?

Ratio Decidendi

The automatic stay imposed by PD 51Z applies to appeals from possession orders brought under CPR Part 55, as such appeals are part of proceedings initiated under CPR Part 55 and the stay's purpose is furthered by including appeals.

Court Disposition

appeal allowed

Orders

  • The stay imposed by PD 51Z applies to Mr Okoro’s appeal from DDJ Tomlinson’s order of 24 January 2020.
  • The claim, including the appeal, is returned to the County Court for further consideration after the termination of the stay imposed by PD 51Z.