Helena Housing Ltd v Pinder

An appeal may be dismissed, and permission to appeal to the House of Lords refused, where the Court of Appeal considers that the case is not exceptional. In the related possession case, refusal of a stay pending a further appeal was justified where the appellant was not sufficiently prejudiced because of protection under Part VI and the prospect of a comparable tenancy if ultimately successful. An unsupported overriding-interest argument, raised only in reply, did not justify a stay.

Helena Housing Ltd v Pinder was an appeal from St Helens County Court. The Court of Appeal also dealt with the related appeal in Helena Housing Ltd v O'Kane from Lambeth County Court. Both appeals were dismissed. In the Pinder appeal, the court considered an application for permission to appeal to the House of Lords and refused it on the ground that the case was not exceptional. In O'Kane, the court also considered an application for permission and a stay pending further appeal. The central issues recorded in the supplied text were whether further permission should be granted and whether execution should be stayed.

Disposition. The Court of Appeal dismissed both appeals. In the Pinder matter, the agreed order was signed by counsel. The court considered the written application for permission to appeal to the House of Lords and refused permission because it did not regard the case as exceptional.

1. In the related O'Kane matter, the court likewise considered the application for permission on paper and declined it for the same reason.
2. The application for a stay was dealt with by Lady Justice Arden by agreement, without reconstitution of the court. No evidence supported the application.
3. The stay was refused. The landlord had succeeded both in the Court of Appeal and in the county court. The appellant was not sufficiently prejudiced because of his protection under Part VI and the prospect that he would be offered a comparable tenancy if ultimately successful.
4. An overriding-interest argument did not alter the result. No authority had been provided for it, and it had been raised only in reply, so the respondent had not been able to address it fully.

The formal order was: application for a stay pending an application for permission to appeal to the House of Lords refused.

1. Court of Appeal (Civil Division) — [2005] EWCA Civ 1081: appeals in Pinder and the related O'Kane matter dismissed; permission to appeal to the House of Lords refused. A stay in O'Kane was also refused.
2. St Helens County Court — decision of His Honour Judge Mackay, from which the Pinder appeal was brought. Citation not stated in the judgment.
3. Lambeth County Court — decision of His Honour Judge Welchman, from which the O'Kane appeal was brought. Citation not stated in the judgment.