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England and Wales decisions
Decisions matching the current search
The High Court dismissed an appeal against refusal to set aside a possession order, holding that the order was final and CPR 3.1(7) was not engaged on the facts.
The Court of Appeal held that a defective county court possession order under section 138 had to be set aside, and that relief against forfeiture could count as success at trial.
Golding v Martin [2019] EWCA Civ 446 (15 March 2019)
The Court of Appeal held a possession order under section 138 had been made in the wrong form and could be set aside; relief against forfeiture counted as success.
Moosun & Ors v HSBC Bank Plc (t/a First Direct) [2015] EWHC 2775 (Ch) (20 August 2015)
The High Court refused to stay the sale of a mortgaged home, finding no evidence of impropriety in the auction or any basis to set aside the possession order.
The High Court refused all of the defendant’s applications in a possession dispute and made an extended civil restraint order after finding repeated meritless applications.
High Court appeal about service of forfeiture proceedings, setting aside a possession order, and proportionality in lease forfeiture. The appeal was dismissed.
Court of Appeal held that applications to set aside possession orders should usually be judged by analogy to CPR 39.3(5), unless there are unusual and compelling circumstances.
London Borough of Hackney v Findlay [2011] EWCA Civ 8 (20 January 2011)
Court of Appeal considered when CPR 3.1 can be used to set aside a possession order made in absence, and treated CPR 39.3(5) factors as generally relevant by analogy.
The Court of Appeal held that a possession hearing in the defendant’s absence was not a CPR 39.3 trial, and upheld setting aside the order under CPR 3.1(2)(m).
The High Court granted summary judgment for the Bedfords, holding that Mr Smith could not recover possession of the house and had no basis to set aside the sale or possession orders.
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