Howard V Stanton [2011] EWCA Civ 1481; [2012] All ER (D) 201 (May); [2012] March LAG 23

01 Jan 2018


Dean represented a former assured shorthold tenant, Mrs Howard, in a successful second appeal to the Court of Appeal. Mrs Howard’s former landlord, Ms Stanton, had appealed an order made at trial, allowing Mrs Howard’s claim for the return of a tenancy deposit and dismissing a counterclaim for damages. The county court appeal judge had decided and allowed Ms Stanton’s appeal, despite being seized of an application for permission to appeal alone and despite Mrs Howard being absent. His doing so was a serious procedural irregularity, which vitiated his decision. Mrs Howard’s appeal was, therefore, allowed.