Harlow District Council v Norman John Hall (Record no. 77320)

MARC details
000 -LEADER
fixed length control field 02168cab a2200253 4500
001 - CONTROL NUMBER
control field ##L134012
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060703n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u134012
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Harlow District Council v Norman John Hall
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWCA Civ 156, 28 February 2006. Concerns whether the Insolvency Act 1986 s285 (3) precluded the enforcement of a possession order because it was a remedy against the property in respect of the arrears of rent and costs. Appeal by HL against a decision refusing to discharge a possession order obtained by HR for non-payment of rent. The possession order against HL would not be enforced if HL paid the arrears of rent and continued occupation costs by the agreed date. H however had a bankruptcy order made upon his own petition and sought discharge of the possession order but the judge found that HR was not seeking to enforce a remedy against HL's property. HL claimed that the liability for arrears and costs were debts provable in his bankruptcy, the right to seek a postponement of the date of possession under the Housing Act 1985 s 85(2) or to discharge it altogether under s85(4) was itself property for the purposes of s436 of the 1986 Act and that the continued existence of the possession order was a remedy against his property and was so precluded by s 285(3) of the Act. "Held": appeal dismissed. The maintenance of a suspended possession order under the Housing Act 1985 s85(2) did not constitute a remedy against a former tenant's property that was precluded by s285 (3) of the 1986 Act.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element INSOLVENCY ACT 1986 S285(3)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EZEKIEL V ORAKPO
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BURROWS V BRENT LBC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HARLOW DC V HALL
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S85(4)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S85(2)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element INSOLVENCY ACT 1986 S436
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES-BREACHING RESIDENTIAL LEASES
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2006/156.html">https://www.bailii.org/ew/cases/EWCA/Civ/2006/156.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 03/07/2006   ONLINE PUBLICATION 134012-2001 06/08/2019 1 06/08/2019 Law report