Laura Tweedy, Jaysen Sharpe, and Callum Reid-Hutchings successfully represented the respondent in the joint appeal of Poplar Housing and Regeneration Limited Community Association v Kerr.
The Court of Appeal had to determine whether the court has the power, either under its wide powers in section 9 of the Housing Act 1988 or under an implied "liberty to apply," to vary a suspended possession order initially made on a discretionary ground by converting it into an unconditional order on a mandatory ground. The Court of Appeal found that it does have such power. It ruled that section 9 of the 1988 Act gives the court continuing jurisdiction (until the execution of the possession order) to re-examine and review the terms of any suspension based on circumstances at the time of the review. A more detailed analysis of the decision will follow.
Read the judgment here.
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