It was not open to the Court of Appeal to review a previous decision of the same Court for conformity with an earlier decision of the House of Lords (Lord Greene MR). It was for the House of Lords to correct the previous Court of Appeal’s error, and not a function open to the Court of Appeal in a later case.
Lord Greene MR, Cohen and Asquith LJJ
[1947] 2 All ER 884
England and Wales
Cited by:
Cited – London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd CA 28-Jul-2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.231657