Not going quietly…

Or round 3 of Ms Pritchard’s refusal to give up her former property to the ‘We buy your right to buy home’ firm that had obtained possession.

Fineland Investments Limited v Pritchard (2011) Ch D 17/05/2011 [Note on Lawtel, unreported elsewhere]

Readers may recall the possession judgment, and the multi stranded (and multi partied) appeal of the without notice warrant of eviction, in both of which Ms P was unsuccessful. After having been evicted and failed in her application for re-entry, it appears that Ms P was not going to accept that as a conclusion. She, her son and two others had allegedly gained access to the property and changed the locks. Fineland applied for a writ of restitution, enforced the same day. Fineland then put in occupants.

Fineland applied for an interim injunction “restraining the respondent from trespassing on a property from which she had been evicted, or from interfering with the quiet enjoyment of the occupiers”. The question before the High Court was whether it would be appropriate to grant the injunction.

The High Court held that the established approach was to consider whether:
i) there was a sufficient issue to be tried,
ii) whether damages were adequate, and
iii) where the balance of convenience lay.

In this application Fineland met all of the criteria. The interim injunction was granted until further order.

About Giles Peaker

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London.
You can find him on Linkedin and on
Twitter. Known as NL round these parts, and still is Nearly Legal on Google +.

Posted in Housing law - All, Licences and occupiers, Possession and tagged , .

9 Comments

  1. It is not immediately obvious (to me at least) which of the many rounds of litigation it relates to, but Ms Pritchard has an application for permission to appeal, a stay of execution, permission to rely on further evidence and for disclosure, all listed before Davis LJ tomorrow morning (06/11/12).

  2. My son did not re-enter the property at any time. Fine land Investments is [potentially libellous comments removed – NL] Giles Peeker can sneer for all he’s worth, but that doesn’t change a thing. There never was a mortgage to me. [Potentially libellous comments removed – NL]. Look for into that Giles. Or are you all in it together?

    • Our note is based on a case report and follows what the report said. You will see that gaining entry to the property is described as ‘allegedly’, because it was alleged by Fineland at this hearing. Our note does not say that you or your son did re-enter the property.

      Your accusations against Fineland and others are not something that we can or will comment on until there has been a finding by the Court. Until then, we cannot allow them to appear on this site. If you do make them again, they will be deleted and you may be banned from the site.

      There is no sneering in our report. And I am happy to confirm I have no connection with, or knowledge of Fineland or anyone else involved.

  3. A writ of restitution cannot be obtained if there is no writ of possession: CPR 83.13(5). My question is how long after a writ of possession been executed can a writ of restitution thereafter be applied for? Some say 12-months but where is that shown in CPR or otherwise?

    • No, you can, in principle, have a writ of restitution alongside a writ of possession. But it always requires the permission of the court, where a writ of possession for trespassers or mortgage possession doesn’t.

      But the bit you want is CPR 83.26… No time limits, just a question of facts. See 83.26(8) and (9)

  4. Hi . [potentially libellous comments removed by NL] If you don’t like the heat Giles stick your nose out. I don’t hide, I’ve done nothing wrong. Talk to ME before judging. Janice Pritchard ( proud of it)

    • Janice, all our reports are accounts of judgments in your cases. If you win your case against Fineland, we will very happily report that judgment. However, until there is a court finding on your accusations, you cannot make them here, as they are potentially libellous. I warned you before on this, so your comments are now moderated.

      The case notes here are accurate reports on the court judgments and the issues of law involved. The court judgments are a matter of public record. Nobody involved in the blog has anything to do with either Fineland or you, or any knowledge of your matters except what is in the public court judgments.

      I’m closing comments on this post now.

  5. Thank you. It seems I was wrong on the validity of a writ of possession being 12-months. As I understand it there is no expiration. Yet, am I right that a writ of restitution cannot be issued where there is no writ of possession?

Comments are closed.