O'Connell v Viridian Housing [2012] EWHC 1389 (QB) (25 May 2012)

O'Connell v Viridian Housing [2012] EWHC 1389 (QB) (25 May 2012)

There was no evidence before the judge that the rent arrears arose as a consequence of Ms O'Connell's disability or that her circumstances were exceptional. The judge properly considered the possibility of adjournment and disability discrimination and was entitled to make an outright possession order under mandatory...

Source-derived case information.

Citation
[2012] EWHC 1389 (QB)
Parties
Claimant: Susannah O'Connell; Defendant: Viridian Housing
Jurisdiction
England and Wales
Judgment Date
25 May 2012
Procedural Posture
Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
Application for permission to appeal and appeal dismissed
Legal Topics
Possession Proceedings, Mandatory Grounds for Possession, Disability Discrimination Under Equality Act 2010, Article 8 ECHR (right to Respect for Home), Adjournment of Proceedings, Procedural Fairness
Housing Law Disability Discrimination Human Rights Possession Proceedings Mandatory Grounds for Possession Disability Discrimination Under Equality Act 2010 Article 8 ECHR (right to Respect for Home) Adjournment of Proceedings +1 more

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Summary, issues, holding and outcome

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Parties

Susannah O'Connell

Claimant

Viridian Housing

Defendant

Procedural Posture

Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing to adjourn the possession proceedings to allow the defendant to secure legal representation and present a disability discrimination defence
  2. 2 Whether there was a serious procedural irregularity in the conduct of the hearing
  3. 3 Whether the possession order constituted unlawful disability discrimination under the Equality Act 2010

Ratio Decidendi

There was no evidence before the judge that the rent arrears arose as a consequence of Ms O'Connell's disability or that her circumstances were exceptional. The judge properly considered the possibility of adjournment and disability discrimination and was entitled to make an outright possession order under mandatory ground 8. No procedural irregularity or error of law was established.

Court Disposition

Application for permission to appeal and appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Appeal dismissed