Former Tory MP and spy writer Rupert Allason has won a reprieve from eviction from his county house.
Allason, who writes under the pseudonym Nigel West, successfully appealed a January 2007 order of the High Court for possession of Croftdown in Aldworth,
He argued that under the Protection from Eviction Act 1977 only a county court had jurisdiction to make the order and the High Court was therefore wrong to do so.
Polarpark, a Panamanian company, holds the house on trust for the benefit of Allason’s ex-wife, Nicole, and their two children.
It had claimed that, after the Allasons divorced in December 1996, Allason occupied the house without Polarpark’s express permission and continued to do so even after a notice to quit was served in February 2002.
Allowing Allason’s application to set aside the possession order, Briggs J found that it was clear that Allason had occupied the premises under a licence “for money’s worth” and that he had continued to occupy the premises following its termination.
Consequently, he was protected by the 1977 Act, under which only the county court could make the possession order.
Briggs J revoked the possession order and transferred the case to the county court.
Allason v Polarpark Enterprises Inc Chancery Division (Briggs J) 18 April 2007.
Romie Tager QC (instructed by RA Rosen & Co) appeared for the claimant; Timothy Fancourt QC (instructed by Eversheds LLP, of
