AUTOMATIC STAY OF POSSESSION HEARINGS APPLIES TO APPEALS: COURT OF APPEAL DECISION THIS MORNING
In London Borough of Hackney -v- Okoro  EWCA Civ 681 the Court of Appeal found that the automatic stay on possession proceedings also applies to appeals against possession orders.
The Court of Appeal were asked to determine whether the stay on possession proceedings brought about by PD 51Z also applied to appeals against possession orders. The landlord had obtained an order for possession, the tenant appealed. The landlord argued that the appeal was governed by CPR 52 and not CPR 55.