Comments on: Not seriously arguable

By: NL

NL — Wed, 29 Jul 2009 21:56:46 +0000

Thanks for that, Marc. I’d agree that the disclosure point is a significant one. Good luck with permission and do let us know what happens. Welcome, by the way.

By: marc willers

marc willers — Wed, 29 Jul 2009 20:54:27 +0000

An appeal is going to be lodged shortly which will primarily challenge the Judge’s decision on the disclosure point. It will be a second appeal but it concerns a point that has not yet been established I hope permission will be granted.

By: ben

ben — Fri, 24 Jul 2009 07:10:32 +0000

It seems to me that – although Taylor had been handed down before judgment was delivered here – the court cannot have been aware of the ‘series of decisions’ point as dealt with in Taylor. Given the amount of recent decisions in this area you’d think it essential for any judge to comb Lawtel the day before finalising a judgment…

Manchester CC v Pinnock is the next one to look out for – heard by the CA last week (judgment reserved) and raising a welter of issues on public law/article 8 defences.

By: NL

NL — Thu, 23 Jul 2009 21:41:28 +0000

Chris, I can see that point, certainly in relation to the reasons for refusing the alternative plot being given later, but not being taken into account at the hearing. But otherwise, the interpretation of Doherty is more or less in line with the recent Court of Appeal judgments. I also presume this appeal was heard before Central Bedfordshire was handed down.

I’m still worried about the disclosure point, which puts the Defendant in a very difficult position indeed.

We’ll keep an eye open for the appeal…

By: Chris Johnson

Chris Johnson — Thu, 23 Jul 2009 20:57:04 +0000

This was not a case where Community Law Partnership were instructed for the final hearing(though mentioned in the judgment as the previous solicitors)and,since I understand that Ms Stokes may be seeking leave to appeal, I will confine my comment to pointing out that this high court judgment is certainly out of line with the Court of Appeal in Central Beds v Taylor where (as you point out in your analysis of that case) the CA made it clear that there may be a series of decisions to proceed with the eviction action right up to and including at the final hearing itself.