The defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with its own obligations.
Held: The general words of section 89 do not permit the high court to find that section 89 does not apply to consent orders. The possession order could not be postponed.
Judges:
Mr Justice Stanley Burnton
Citations:
[2003] EWHC 1813 (QB), Times 05-Aug-2003, [2004] 1 WLR 363, [2004] 2 All ER 373
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
per incuriam – Bain and Co v Church Commissioners for England ChD 1989
Section 89 does not apply to an order for possession made by the High Court, and an application for an adjournment of a possession order must be refused. The word ‘Court’ must be construed to refer to the County Court only: ‘possession of a dwelling . .
Cited – Re International Tin Council ChD 1987
An order for the winding up of a foreign company operates universally, applies to all the foreign company’s assets and brings into play the full panoply of powers and duties under the Insolvency Act 1986 like any other winding up order. Millett J . .
Cited – Re International Tin Council CA 1989
Creditors sought to treat the International Tin Council as an ‘association’ for the purposes of a provision under the Companies Act 1985 allowing for unregistered companies to be wound up.
Held: The decision in Re a Company was binding. The . .
Cited by:
Cited – Boyland and Son Ltd v Rand CA 20-Dec-2006
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave.
Held: The law had not changed, and section 89 could not be used to . .
Applied – Admiral Taverns (Cygnet Ltd) v Daly and Another CA 25-Nov-2008
The landlord appealed against a stay made on its suspended possession order by the High Court, saying that only the county court had such jurisdiction.
Held: ‘court’ in the section must mean any court. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 19 June 2022; Ref: scu.185058