Nearly Legal: Housing Law News and Comment

A sorry tale

Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal.

M was the occupier of a property which had been bought by W. Possession proceedings were issued and W obtained an order for possession. M was refused permission to appeal. When M failed to leave the property, a judge attached a penal notice to the possession order. M still refused to leave and was sentenced to 14 days imprisonment (suspended to allow social services to investigate). M then appealed the committal order, with a hearing being listed before the CA a few days later. M asked for additional time to lodge supporting documentation and that request was rejected on the basis that M should attend the appeal hearing and make the application in person.

The appeal came on for hearing and neither M nor W were present. The appeal was dismissed; there was nothing before the Court to support the appeal, nor was there any basis for criticising the decision of the judge.

 

 

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