Boyland and Son Limited v Persons Unknown, 20 December 2006

Boyland and Son Limited v Persons Unknown, 20 December 2006 (Court of Appeal).
The Court of Appeal has rejected a squatter's argument that the introduction of section 89 of the Housing Act 1980 allows a court to suspend an order for possession to give the squatter time to vacate.

The squatter contended that although the decision in McPhail v Persons Unknown [1973] Ch 477 made it clear that the court did not have discretion to suspend an order for possession against squatters, the situation had changed with the introduction of section 89.

The Court of Appeal confirmed that McPhail remains good law, despite the provisions of section 89.

[Source Practical Law Company]

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