Comments on: The famous five

By: NL

NL — Mon, 01 Mar 2010 16:03:58 +0000

From the Garden Court bulletin today

Birmingham CC v Frisby
Court of Appeal
The council sought a possession order against the defendant, an introductory tenant. A question arose as to whether the tenant could assert in the county court that he had a ‘public law’ defence to the possession proceedings. The council applied to the Court of Appeal to stand the case out of its list on the grounds that the whole issue of public law defences to possession claims would be reviewed by the Supreme Court in Manchester CC v Pinnock (a demoted tenancy case) which is listed to be heard in July 2010 before nine justices of that court. The application was refused. The hearing would proceed in the week commencing 15 March 2010 together with the hearing of four other appeals: two raising a similar issue in relation to introductory tenants (Leeds CC v Hall and Salford CC v Mullen) and two relating to non-secure tenants (Manchester CC v Mushin and Hounslow LBC v Powell).

By: The.Dark.One

The.Dark.One — Mon, 01 Mar 2010 13:10:08 +0000

To AF and Ben Taylor

Are you able to give any details about the cases?

By: S

Sat, 27 Feb 2010 18:40:44 +0000

I can’t see how they can unless Pinnock is postponed till the Autumn. How are they going to fit all six in?

I personally don’t understand why this stay wasn’t granted. Let the SC sort the issue out once and for all and then deal with the other five afterwards.

If the SC say McCann was right all along then the Court of Appeal simply remits the five back to the county court. If the SC says Kay was right all along then the Court of Appeal simply dismiss the appeals.

Am I missing something?

By: J

Fri, 26 Feb 2010 18:07:19 +0000

But that is what I’m getting at – there is no prospect of these 5 getting joined to Pinnock is there?

By: Ben Taylor

Ben Taylor — Fri, 26 Feb 2010 15:46:32 +0000

The 5 have to be heard by the Court of Appeal first before they can go up to join Pinnock. One step at a time!

By: J

Fri, 26 Feb 2010 15:42:57 +0000

But is there any prospect of getting these 5 joined to Pinnock? Isn’t Pinnock listed for June?

By: Ben Taylor

Ben Taylor — Fri, 26 Feb 2010 13:44:07 +0000

I act for Mr Mullen against Salford City Council who has now been joined as the Fifth Appeal.

Listed for 5 days starting 15th March.

Mine is a Gateway B (and A) intro case.

Hope this helps.

Ben Taylor

By: dave

dave — Fri, 26 Feb 2010 12:50:23 +0000

I gather they are going ahead on 15/16 March, listed for a day.

By: NL

NL — Fri, 26 Feb 2010 10:55:49 +0000

Certainly does, thank you.

By: AF

AF — Fri, 26 Feb 2010 10:12:34 +0000

I represent Mr Mushin (Non-secure case) and Mr Hall (Intro case). Waller LJ refused B/ham CC’s app to stay pending Pinnock on the basis that the SC should be permitted to consider Art 8 / Public Law arguments in a broader context. Hope this helps. AF