St Brice and another v Southwark LBC
Series: Property, Planning and Compensation Reports ; [2002] 1P&CR 358-370(7)Publication details: 2002Subject(s): Summary: CA 17 July 2001. Appeal by the tenant (B) from a decision dismissing B's application to set aside a warrant of possession issued by Lambeth County Court for 31 January 2001. B had held a secure residential tenancy from the respondent council. In 1997 the council obtained a suspended possession order in relation to the premises on the grounds of arrears of rent. B failed to comply with the terms and in 2000 a warrant of execution was issued. B failed to respond to the warrant until after his eviction, when on the day of eviction he applied to re-enter the premises. The judge dismissed B's application. B appealed, claiming that to comply with the European Convention the decision to issue the warrant should have been taken by a judge, after notice to the tenant and with the benefit of representations the tenant might choose. "Held" the appeal was dismissed and there was no breach of Article 6 of the European Convention.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS65638 (Browse shelf(Opens below)) | 1 | Available | 118504-1001 |
CA 17 July 2001. Appeal by the tenant (B) from a decision dismissing B's application to set aside a warrant of possession issued by Lambeth County Court for 31 January 2001. B had held a secure residential tenancy from the respondent council. In 1997 the council obtained a suspended possession order in relation to the premises on the grounds of arrears of rent. B failed to comply with the terms and in 2000 a warrant of execution was issued. B failed to respond to the warrant until after his eviction, when on the day of eviction he applied to re-enter the premises. The judge dismissed B's application. B appealed, claiming that to comply with the European Convention the decision to issue the warrant should have been taken by a judge, after notice to the tenant and with the benefit of representations the tenant might choose. "Held" the appeal was dismissed and there was no breach of Article 6 of the European Convention.