Draper v St Ermin's Property Co Ltd [2004] EWHC 697 (Ch) (27 January 2004)

Draper v St Ermin's Property Co Ltd [2004] EWHC 697 (Ch) (27 January 2004)

Judge Zucker erred by rejecting Mrs Draper's evidence of her medical condition without cross-examination and by treating absence of medical certificate as fatal. Mrs Draper acted promptly, had good reason for non-attendance, and had reasonable prospect of success. The possession order and costs order should be set...

Source-derived case information.

Citation
[2004] EWHC 697 (Ch)
Parties
Claimant: Fleur Draper; Defendant: St Ermin's Property Co Ltd
Jurisdiction
England and Wales
Judgment Date
27 January 2004
Procedural Posture
Appeal / Judgment on Two Appeals Against County Court Orders: (1) Refusal to Set Aside Possession Order, (2) Costs Order on Stay Application
Outcome
Appeals allowed
Legal Topics
Possession Proceedings, Rent Arrears, Adjournment, Setting Aside Judgment, Disability and Access, Costs Orders
Landlord and Tenant Civil Procedure Possession Proceedings Rent Arrears Adjournment Setting Aside Judgment Disability and Access Costs Orders

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Summary, issues, holding and outcome

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Parties

Fleur Draper

Claimant

St Ermin's Property Co Ltd

Defendant

Procedural Posture

Appeal / Judgment on Two Appeals Against County Court Orders: (1) Refusal to Set Aside Possession Order, (2) Costs Order on Stay Application

Legal Issues

  1. 1 Whether Mrs Draper had a good reason for not attending trial under CPR 39.3(5)(b)
  2. 2 Whether Mrs Draper had a reasonable prospect of success at trial under CPR 39.3(5)(c)
  3. 3 Whether costs order on stay application was justified

Ratio Decidendi

Judge Zucker erred by rejecting Mrs Draper's evidence of her medical condition without cross-examination and by treating absence of medical certificate as fatal. Mrs Draper acted promptly, had good reason for non-attendance, and had reasonable prospect of success. The possession order and costs order should be set aside to ensure a fair hearing.

Court Disposition

Appeals allowed

Orders

  • Order of Judge Zucker dated 7 April 2003 set aside
  • Possession Order set aside