Supreme Court acts with urgency to spare disabled man from imminent eviction

Friday 1 August 2014

Housing lawyers welcome last gasp decision from the country’s highest court.

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On Wednesday of this week, the Court of Appeal rejected an appeal brought by a disabled man against an order for possession of his rented home.

At lunchtime on Thursday that Court handed down its reasons for refusing to grant a stay of the possession order, which had been sought to enable the man to pursue an appeal to the Supreme Court.

His landlords indicated that they would immediately arrange an eviction.

Thanks to his representatives (Shelter) and a quick decision from his funders (the Legal Aid Agency), the man was able to apply late yesterday afternoon  - the very last day of the Legal Year – to the Supreme Court.

On looking at the papers, three Justices of the Supreme Court decided that not only should a stay be granted but that permission to appeal should be given. The appeal itself will now be heard in November and the tenant can stay in his home at least until then.

Jan Luba QC and Russell James were counsel for the tenant.

The Court of Appeal decisions and the Supreme Court order are available below:

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