Kingcastle Limited v Owen-Owen: CA 19 Feb 1999

In a claim for possession of residential premises, the defendant who was the gay partner of the deceased tenant, to have succeeded to his partner’s tenancy as a member of his family.
Held: A court may adjourn a case pending the outcome of an appeal to the House of Lords in an appropriate case even where the issue at stake has already been decided by the Court of Appeal, provided the court allowed for prejudice to either party.

Judges:

Hirst LJ

Citations:

Times 18-Mar-1999, [1999] EWCA Civ 831

Jurisdiction:

England and Wales

Citing:

DistinguishedRegina v Walsall Justices, ex parte W (a minor) QBD 1990
A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that . .

Cited by:

CitedNorth British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 05 December 2022; Ref: scu.145746