Home From Home Ltd. v Home [2006] EWCA Civ 1053 (05 July 2006)

Home From Home Ltd. v Home [2006] EWCA Civ 1053 (05 July 2006)

The appeal was dismissed because the appellant had no reasonable prospect of success, lacked funds to pay rent or arrears, and sought to rely on evidence not presented at trial. The judge's discretion to grant adjournment was wrongly exercised given the absence of merit in the appeal.

Citation
[2006] EWCA Civ 1053
Parties
Claimant/respondent: Home From Home Ltd; Defendant/appellant: Tina Home
Jurisdiction
England and Wales
Judgment Date
05 July 2006
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Post Possession Order
Outcome
appeal dismissed
Legal Topics
Relief From Forfeiture, Adjournment, Security for Costs, Appeal Procedure
Landlord and Tenant Property Law Civil Procedure Relief From Forfeiture Adjournment Security for Costs Appeal Procedure

Case Brief

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Parties

Home From Home Ltd

Claimant/respondent

Tina Home

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Post Possession Order

Legal Issues

  1. 1 Whether the appellant was entitled to relief from forfeiture as a sub-tenant
  2. 2 Whether the adjournment should have been granted on terms of payment into court
  3. 3 Whether new evidence could be adduced on appeal

Ratio Decidendi

The appeal was dismissed because the appellant had no reasonable prospect of success, lacked funds to pay rent or arrears, and sought to rely on evidence not presented at trial. The judge's discretion to grant adjournment was wrongly exercised given the absence of merit in the appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.