Polar Park Enterprises v Allason

The High Court lacked jurisdiction to permit enforcement of a writ of possession because the licence was for money's worth, making the Protection from Eviction Act 1977 applicable; thus, enforcement must be in the county court.

Parties: Claimant: Polar Park Enterprises; Defendant: Rupert Allason
Jurisdiction: England and Wales
Judgment Date: 18 April 2007
Procedural Posture: Civil / Post Judgment Application to Set Aside Part of Order for Want of Jurisdiction
Outcome: Application allowed; paragraphs 2 and 3 of the January order set aside for want of jurisdiction.
Legal Topics: Possession Proceedings, Jurisdiction, Licences for Money's Worth, Protection From Eviction Act 1977

Land Law Civil Procedure Possession Proceedings Jurisdiction Licences for Money's Worth Protection From Eviction Act 1977

Case Brief

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Parties

Polar Park Enterprises

Claimant

Rupert Allason

Defendant

Procedural Posture

Civil / Post Judgment Application to Set Aside Part of Order for Want of Jurisdiction

Legal Issues

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

Ratio Decidendi

Court Disposition

Application allowed; paragraphs 2 and 3 of the January order set aside for want of jurisdiction.

Orders

Paragraphs 2 and 3 of the 22 January order set aside.
Proceedings to be transferred to the appropriate county court for execution.