COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BRIGHTON COUNTY COURT
(HIS HONOUR JUDGE KENNEDY QC)
Strand London WC2 Thursday, 9 August 2001 |
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B e f o r e :
-and-
LORD JUSTICE JONATHAN PARKER
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BRIGHTON & HOVE CITY COUNCIL | ||
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IAN GILL | Defendant |
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Smith Bernal Reporting Limited
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MR G ARGENT (instructed by Brighton & Hove City Council, Brighton BN2 4LA) appeared on behalf of the Respondent
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Crown Copyright ©
Thursday, 9th August 2001
"The hearing will take place at the Royal Courts of Justice... on 9 August 2001 at or after 10.00am. You will receive no further hearing of that date."
"The Court of Appeal will not give permission unless it considers that -
(a) the appeal would raise an important point of principle or practice, or;
(b) there is some other compelling reason for the Court of Appeal to hear it."
"It seems to me that there are, therefore, some actual points which might put a different complexion on this matter. It is a matter where on the face of it Mr Gill, who, as the courts below have said, is evidently someone of intelligence, has failed to arrange his own affairs in such a way as to cover his obligations to the Council, and I can well understand why the Council should feel that matters have gone quite far enough, if not too far. However, as I have said, I think that there is just scope for further consideration of the matter, albeit regrettably it will inevitably incur some further costs, and potential liability for Mr Gill, if he loses, about which he is well aware."
"The full weekly rent of £41.08 is shown as due from 18 September 2000 and the Housing Benefit Office have not received a review form from you, and you have made no payments at all.
If you think you qualify for help with your rent you must complete a housing benefit immediately and bring it to this office, with the relevant proofs of your income.
If your circumstances have changed and you don't qualify for help, you must start paying your full weekly rent plus an extra amount to reduce your rent arrears.
If you do not make a serious effort to drastically reduce these arrears I will have no choice but to apply to the Bailiff for a warrant to evict you from your home."
"I asked what Mr Gill has done. Answer, very little. Mr Gill is an intelligent man, has a degree in book-keeping... He has done it once too often, I cannot entertain an appeal, it would be grossly unfair to the landlord and his appeal is not allowed."