Bromford Housing Association Ltd v Mr Kevin Nightingale
| Jurisdiction | England & Wales |
| Judge | Mr Justice Cavanagh |
| Judgment Date | 12 June 2020 |
| Neutral Citation | [2020] EWHC 1532 (QB) |
| Court | Queen's Bench Division |
| Date | 12 June 2020 |
| Docket Number | BM00027A |
[2020] EWHC 1532 (QB)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
BIRMINGHAM APPEALS CENTRE
Mr Justice Cavanagh
BM00027A
and
David Renton (instructed by Shelter Legal Services) for the Appellants
Aadhithya Anbahan (instructed by GC Law) for the Respondent
Hearing dates: 28 April 2020
FURTHER CONSIDERATION OF STAY
On 28 April 2020, I heard a rolled-up application for permission to appeal in this matter, with appeal to follow if granted. The hearing took place remotely via Skype for Business.
On 28 May 2020, I issued a ruling about the timing of further steps in this appeal, including the hand-down of my judgment, in light of the stay on possession proceedings in PD 51Z and the judgments of the Court of Appeal in Arkin v Marshall [2020] EWCA Civ 620 and London Borough of Hackney v Okoro [2020] EWCA Civ 681. Both of these judgments were handed down after the hearing of the appeal in the present case.
In my decision on 28 May 2020, I decided that (1) I would not hand down judgment in this appeal until after the stay imposed by PD 51Z is lifted; (2) I would take up the offer of Mr Renton, counsel for the Appellant, to notify the Court promptly once a date has been set for lifting of the stay and (3) the parties would be given 14 days from the lifting of the stay to lodge any further written submissions (or to indicate to the Court that they do not intend to make any further written submissions or to apply for a further oral hearing – though I do not encourage this last course of action).
The stay in PD 51Z has been extended to 23 August 2020.
Yesterday, the parties helpfully drew my attention to the judgment of Freedman J in Copeland v Royal Bank of Scotland plc [2020] EWHC 1441 (QB), which was handed down on 4 June 2020. The parties were in agreement that this case was in relevant to the present case and asked that it be placed before me. Neither of the parties invited me to take any particular step in light of the judgment in Copeland.
Copeland was an application for permission to appeal against a refusal to set aside a possession order, with appeal to follow if successful. In Copeland, the oral argument took place in February 2020, before PD 51Z was issued and before the stay on possession proceedings...
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Bromford Housing Association Ltd v Mr Kevin Nightingale
...properly, considered that the judgment in Copeland should be drawn to my attention. In a short further ruling dated 12 June 2020, [2020] EWHC 1532 (QB), I decided that I should not lift the stay so as to issue the judgment on this appeal, but that I should follow the course of action that ......