Hackney v Side By Side (Kids) Ltd.

Hackney v Side By Side (Kids) Ltd.

Section 89 of the Housing Act 1980 applies to both High Court and County Court possession orders, including consent orders, and restricts the court's power to stay execution beyond statutory limits unless exceptional hardship is proven; the Deputy Master lacked jurisdiction to grant a stay beyond 18 July 2003.

Source-derived case information.

Parties
Claimant: The Mayor and Burgesses of the London Borough of Hackney; Defendant: Side by Side (Kids) Limited
Jurisdiction
England and Wales
Judgment Date
14 July 2003
Procedural Posture
Application / Interim Application to Set Aside Stay of Execution Order
Outcome
Order of Deputy Master set aside; stay of execution varied to expire on 18 July 2003; costs awarded to Claimant, assessed summarily.
Legal Topics
Possession Orders, Stay of Execution, Consent Orders, Jurisdiction, Exceptional Hardship
Land Law Civil Procedure Possession Orders Stay of Execution Consent Orders Jurisdiction Exceptional Hardship

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Parties

The Mayor and Burgesses of the London Borough of Hackney

Claimant

Side by Side (Kids) Limited

Defendant

Procedural Posture

Application / Interim Application to Set Aside Stay of Execution Order

Legal Issues

  1. 1 Whether s 89 of the Housing Act 1980 applies to High Court possession orders
  2. 2 Whether s 89 applies to consent orders
  3. 3 Whether the Deputy Master had jurisdiction to grant a stay beyond statutory limits

Ratio Decidendi

Section 89 of the Housing Act 1980 applies to both High Court and County Court possession orders, including consent orders, and restricts the court's power to stay execution beyond statutory limits unless exceptional hardship is proven; the Deputy Master lacked jurisdiction to grant a stay beyond 18 July 2003.

Court Disposition

Order of Deputy Master set aside; stay of execution varied to expire on 18 July 2003; costs awarded to Claimant, assessed summarily.

Orders

  • Order of Deputy Master Partridge granting stay of execution set aside.
  • Stay of execution granted until 18 July 2003.