Exchange Chambers

Housing Trust wins High Court Appeal

On 30th April 2009 Mr Justice Blair handed down judgment in the appeal of Knowsley Housing Trust v Prescott & Prescott [2009] EWHC 924

In May 2008 the Housing Trust were refused an outright possession order by HHJ MacMillan after the trial of a possession claim principally brought about by virtue of the convictions of Mr Prescott for being a prime mover in a significant drug supply operation which centred around a drug factory situated in the locality of the property. At the time of trial Mr Prescott was serving an eight year prison sentence and his wife Mrs Prescott [the joint tenant] was living at the property with their adult daughter. Instead of granting the outright possession order sought by the Housing Trust the trial judge imposed a postponed possession order.

Blake J subsequently rejected an application made by the Housing Trust on paper for permission to appeal but in March 2009 the Housing Trust again sought permission to appeal at an oral hearing before Coulson J who heard argument and gave the Housing Trust permission to appeal on all grounds and expedited the hearing of the substantive appeal. On 27th April 2009 Blair J heard full argument on the appeal and in a judgment handed down on 30th April 2009 he allowed the Housing Trust’s appeal and imposed an outright possession order and a costs order against Mr and Mrs Prescott in relation to the proceedings before the County Court and the High Court.

Paul Burns of Exchange Chambers successfully represented Knowsley Housing Trust in the High Court Appeal.