From The Times

January 12, 2009

Power to stay possession case

Court of Appeal
Published January 12, 2009
Admiral Taverns (Cygnet) Ltd v Daniel and Another

Any court had jurisdiction to stay the execution of a warrant of possession issued under section 89 of the Housing Act 1980.

The Court of Appeal (Lord Justice Tuckey, Lord Justice Jacob and Sir William Aldous) so held on November 25, 2008, in dismissing an appeal brought by Admiral Taverns (Cygnet) Ltd against Mr Justice Teare who, on July 21, 2008, stayed execution of a warrant of possession against Craig Daniel and Tracy Daly in respect of the Castle Tavern, 1 Bowling Green Street, Kennington, London.

SIR WILLIAM ALDOUS said that there were three cases where section 89 of the 1980 Act had been considered. Mr Justice Harman in Bain v Church Commissioners for England ([1989] 1 WLR 24) held that “court” in section 89 was limited to the county court.

However, Mr Justice Stanley Burnton in Hackney London Borough Council v Side by Side (Kids) Ltd ([2004] 1 WLR 363) did not follow that and held that “court” included both the county court and High Court.

In Boyland and Son Ltd v Rand([2007] HLR 24) the Court of Appeal preferred the decision of Mr Justice Stanley Burnton, but that case did not consider a stay.

In his Lordship’s judgment, “court” in section 89 meant any court.