Disproportionate

Lambeth LBC v Onayomake CA TLR 2 November

The council claimed possession against the defendant on the ground that he was a tolerated trespasser. The defence and counterclaim was that he was a secure tenant by succeeding his late mother who had been a secure tenant. The district judge gave directions requiring the filing of a pre-trial checklist by 10 May. The council filed and the defendant failed to file through the fault of his legal representative. At the case management hearing, the defendant’s legal representative was late and the district judge struck out the defence and counterclaim and listed the action to be heard as undefended.