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Scott-James v Chehab and others

Language: English Series: Estates Gazette ; (8841) 15 October 1988, 75-80(3)Publication details: 1988Subject(s): Summary: CA 25 February 1988. An appeal by Chehab, leasehold owners of property which included a basement flat against the decision in favour of the occupier, Scott-James. Previously, the recorder in the county court had made an order for possession against the occupier, suspended during prompt payment of rent and a monthly sum in respect of arrears. The county court judge had set aside a warrant of possession executed by bailiffs and as a result of which the occupier had been evicted. The possession order as drafted was faulty and had to be amended under the slip rule in CCR, Ord 15, r5. If the slip rule amendment operated retroactively, the occupier had been in breach of the condition in the possession order, but if it did not so operate, the warrant was premature, as the judge held. CA held that the slip rule was retroactive in its effect, that the condition had been breached and that the judge was therefore wrong in deciding that the warrant was premature. In allowing the appeal a number
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS39863 (Browse shelf(Opens below)) 1 Available 19549-1001

CA 25 February 1988. An appeal by Chehab, leasehold owners of property which included a basement flat against the decision in favour of the occupier, Scott-James. Previously, the recorder in the county court had made an order for possession against the occupier, suspended during prompt payment of rent and a monthly sum in respect of arrears. The county court judge had set aside a warrant of possession executed by bailiffs and as a result of which the occupier had been evicted. The possession order as drafted was faulty and had to be amended under the slip rule in CCR, Ord 15, r5. If the slip rule amendment operated retroactively, the occupier had been in breach of the condition in the possession order, but if it did not so operate, the warrant was premature, as the judge held. CA held that the slip rule was retroactive in its effect, that the condition had been breached and that the judge was therefore wrong in deciding that the warrant was premature. In allowing the appeal a number