Blackburn With Darwen Borough Council v Johnson

A case-management decision will not be disturbed on appeal where it falls within the judge’s discretionary powers and the proposed appeal has no realistic prospect of success. A landlord seeking to rely on the statutory grant regime must show that a formal application was made and complied with the statutory conditions. Delay, failure to raise the issue clearly, evidential uncertainty, an earlier payment arrangement and the availability of another statutory appeal may properly support refusal of an adjournment or further disclosure.

The Council obtained judgment in the Blackburn County Court for approximately £8,735, representing the cost of repair works carried out under the Housing Act 1985. The defendant had abandoned challenges to the necessity and quality of the works. He instead argued that the works should have been dealt with by an improvement grant under section 113 of the Local Government and Housing Act 1989, and sought further investigation of an alleged grant application.

The county court judge declined to adjourn for disclosure because it was uncertain whether an application had been made and whether section 113 applied. The defendant applied for permission to appeal.

1. Application dismissed. The order of the county court judge was a case-management decision falling within the scope of his discretion. An appeal against it would be hopeless.

2. Section 113 of the Local Government and Housing Act 1989 imposed a positive duty to approve a landlord’s application only where the application satisfied the conditions in section 110(1)(a) to (d). It was therefore insufficient merely to assert that an application for a grant had been made.

3. The judge was entitled to refuse an adjournment or further disclosure where the alleged application had not been clearly pleaded, there was uncertainty whether it had ever been received, and the point had been raised only in a single unspecific sentence several years after the repair works.

4. The conclusion was reinforced by the defendant’s earlier arrangement to repay the liability by weekly instalments, his failure to exercise the statutory right of appeal against the original section 189 notice under Schedule 10 to the Housing Act 1985, and the substantial delay in pursuing the issue.

The application was dismissed.

• Court of Appeal (Civil Division): permission to appeal from the Blackburn County Court was refused and the application was dismissed.
• Blackburn County Court: His Honour Judge Smith entered judgment against the defendant for approximately £8,735 on 17 February 2000.