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Joyce v Liverpool City Council; Wynne v Liverpool City Council

Language: English Series: All England Law Reports ; (1995) 3 ALLER, 110-124(15)Publication details: 1995Subject(s): Summary: CA 28 April 1995. An appeal against a county court decision for claims for specific performance or injunction against landlords in respect of a breach of repairing covenant. The question arose as to whether in proceedings by a domestic tenant alleging a breach by his landlord of a repairing covenant, a district judge sitting as small claims arbitrator, could grant relief by way of specific performance or injunction. In two separate cases, proceedings were issued against the landlord by tenants, alleging that the council had failed to comply with repairing obligations in their respective leases. Both claims included applications for damages and specific performance. It was held in the CC, that a district judge had jurisdiction to grant both interlocutory and final injunctions, and to order specific performance when determining claims referred to arbitration under the small claims procedure. The tenants challenged this. Appeals dismissed.
Holdings
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Law report London Journal article ABS53277 (Browse shelf(Opens below)) 1 Available 3191-1001

CA 28 April 1995. An appeal against a county court decision for claims for specific performance or injunction against landlords in respect of a breach of repairing covenant. The question arose as to whether in proceedings by a domestic tenant alleging a breach by his landlord of a repairing covenant, a district judge sitting as small claims arbitrator, could grant relief by way of specific performance or injunction. In two separate cases, proceedings were issued against the landlord by tenants, alleging that the council had failed to comply with repairing obligations in their respective leases. Both claims included applications for damages and specific performance. It was held in the CC, that a district judge had jurisdiction to grant both interlocutory and final injunctions, and to order specific performance when determining claims referred to arbitration under the small claims procedure. The tenants challenged this. Appeals dismissed.