The Law Reports (Chancery Division)
[2019] Ch 489
Court of Appeal
Golding
v
Martin
[2019] EWCA Civ 446
2019 March 6;
15
Sir Terence Etherton MR, Lewison, McCombe LJJ
Landlord and tenant— Lease— Relief from forfeiture— Landlord’s claim for possession order on grounds of arrears of rent— Order for possession made in absence of tenant— Whether hearing at which order made “trial”— Whether constraints on possession orders made “at trial” applying— Whether possession order defective for failure to comply with such constraints— Whether grant of relief against forfeiture “success at the trial”—
County Courts Act 1984 (c 28), s 138(3) (as amended by Courts and Legal Services Act 1990 (c 41), s 125(2), Sch 17, para 17)
—
CPR
rr 3.1(2)(m)(7), 39.3(5)(c), 55.5(1)