Blackburn With Darwen Borough Council v Johnson [2001] EWCA Civ 300 (6 March 2001)

Blackburn With Darwen Borough Council v Johnson [2001] EWCA Civ 300 (6 March 2001)

The application for permission to appeal was dismissed because the judge's decision was within his discretion, the issue of entitlement to a grant was not properly pleaded or proved, there was no clear evidence of a formal grant application, and the defendant had entered into a payment arrangement with the Council, waiving other objections.

Citation
[2001] EWCA Civ 300
Parties
Claimant/respondent: Blackburn with Darwen Borough Council; Defendant/applicant: Thomas Johnson
Jurisdiction
England and Wales
Judgment Date
06 March 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal dismissed
Legal Topics
Statutory Repair Obligations, Housing Grants, Case Management Discretion, Appeals Procedure
Housing Law Civil Procedure Statutory Repair Obligations Housing Grants Case Management Discretion Appeals Procedure

Case Brief

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Parties

Blackburn with Darwen Borough Council

Claimant/respondent

Thomas Johnson

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Council was under a duty to provide a housing improvement grant to the defendant under s 113 of the Local Government and Housing Act 1989
  2. 2 Whether the judge erred in case management by not adjourning for further disclosure on the grant application issue
  3. 3 Whether the defendant's arrangement to pay the debt affected the Council's entitlement to judgment

Ratio Decidendi

The application for permission to appeal was dismissed because the judge's decision was within his discretion, the issue of entitlement to a grant was not properly pleaded or proved, there was no clear evidence of a formal grant application, and the defendant had entered into a payment arrangement with the Council, waiving other objections.

Court Disposition

application for permission to appeal dismissed

Orders

  • application dismissed