Polar Park Enterprises v Allason [2007] EWHC 1088 (Ch) (18 April 2007)

Polar Park Enterprises v Allason [2007] EWHC 1088 (Ch) (18 April 2007)

The High Court lacked jurisdiction to permit enforcement of the possession order by writ because the Protection from Eviction Act 1977 applied; the licence was for money's worth and not excluded, and the defendant was a lawful occupier at the relevant time. Enforcement must be by the county court.

Citation
[2007] EWHC 1088 (Ch)
Parties
Claimant: Polar Park Enterprises; Defendant: Rupert Allason
Jurisdiction
England and Wales
Judgment Date
18 April 2007
Procedural Posture
Possession Proceedings / Appeal / Application to Revoke Part of Order After Appeal Judgment
Outcome
Application granted; paragraphs 2 and 3 of the January order set aside for lack of jurisdiction.
Legal Topics
Enforcement of Possession Orders, Jurisdiction of Courts, Licences for Money's Worth, Protection From Eviction Act 1977, Trusts of Land and Appointment of Trustees Act 1996
Property Law Civil Procedure Enforcement of Possession Orders Jurisdiction of Courts Licences for Money's Worth Protection From Eviction Act 1977 Trusts of Land and Appointment of Trustees Act 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Polar Park Enterprises

Claimant

Rupert Allason

Defendant

Procedural Posture

Possession Proceedings / Appeal / Application to Revoke Part of Order After Appeal Judgment

Legal Issues

  1. 1 Whether the High Court had jurisdiction to permit issue of a writ of possession in light of the Protection from Eviction Act 1977
  2. 2 Whether the licence in question was for money's worth and thus not excluded under the Act
  3. 3 Whether the defendant was a lawful occupier protected by the Act at the relevant time

Ratio Decidendi

The High Court lacked jurisdiction to permit enforcement of the possession order by writ because the Protection from Eviction Act 1977 applied; the licence was for money's worth and not excluded, and the defendant was a lawful occupier at the relevant time. Enforcement must be by the county court.

Court Disposition

Application granted; paragraphs 2 and 3 of the January order set aside for lack of jurisdiction.

Orders

  • Paragraphs 2 and 3 of the 22 January order permitting issue of a writ of possession are set aside.
  • Proceedings to be transferred to the appropriate county court for execution.