Admiral Taverns (Cygnet) Ltd v Tracy Daly & Anor [electronic resource]
Language: English Publication details: 2009Subject(s): Online resources: Summary: [2008] EWCA Civ 1501, 25 November 2008. The case concerned whether an appeal court has the power to postpone a possession order beyond the limits set by the Housing Act 1980. An appellant head lessee (C) appealed against a decision setting aside a possession order given to the respondents (D) lifting a stay of execution on the order on the basis that the Housing Act 1980 S89(1) did not apply to the court issuing the order. The county court had granted an order of possession and issued a warrant to the landlord. The respondent caretakers, whose license had been terminated, applied to appeal an immediate order for possession and were granted a stay pending the determination of an application for leave to appeal. The case turned around whether the appeal courts had an inherent jurisdiction to suspend possession orders. Held: appeal dismissed. An appellate court retains its inherent jurisdiction to stay an order pending an appeal. The wording of the Housing Act did not place any restriction on that jurisdiction. Boyland and Son v Rand applied. Applications to the court should arrive promptly and it was in the public interest that appeals were expedited.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 147057-1001 |
[2008] EWCA Civ 1501, 25 November 2008. The case concerned whether an appeal court has the power to postpone a possession order beyond the limits set by the Housing Act 1980. An appellant head lessee (C) appealed against a decision setting aside a possession order given to the respondents (D) lifting a stay of execution on the order on the basis that the Housing Act 1980 S89(1) did not apply to the court issuing the order. The county court had granted an order of possession and issued a warrant to the landlord. The respondent caretakers, whose license had been terminated, applied to appeal an immediate order for possession and were granted a stay pending the determination of an application for leave to appeal. The case turned around whether the appeal courts had an inherent jurisdiction to suspend possession orders. Held: appeal dismissed. An appellate court retains its inherent jurisdiction to stay an order pending an appeal. The wording of the Housing Act did not place any restriction on that jurisdiction. Boyland and Son v Rand applied. Applications to the court should arrive promptly and it was in the public interest that appeals were expedited.