Tim Baldwin represented the appellant, Ms Gonzalez Alcaron, on 30 July 2026 in an appeal against a possession order made in August 2025 in her absence.
This appeal falls under a series of cases at Holtsfield near Swansea in South Wales. See previous coverage of proceedings concerning the site.
Mr Gonzales Alcaron has sought to defend her occupation of a plot of land on the site on complex grounds, relating to adverse possession against a claim for alleged trespass, brought by the landowner Elitestone Ltd. The court listed a trial on the issue for 27 August 2025 and dismissed Ms Gonzales Alcaron’s application for relief from sanctions in respect of filing evidence. Although she appealed the listing matter in a previous appeal, determined on 22 August 2025, judge HHJ Harrison permitted a further application if her solicitors could not secure counsel to apply to adjourn.
On service of this decision, her solicitors applied with evidence of their reasonable steps to secure counsel, citing issues with counsel refusing instruction (as it was a legally aided case), and renewing the application for permission. The application was duly submitted, but the court did not process the application, and the matter was not dealt with by the District Judge hearing the case. The District Judge allowed the claim for possession in the absence of any available counsel or representation for Ms Gonzales Alcaron, who was unwell and unable to attend.
Ms Gonzales Alcaron appealed this decision, obtaining a stay and permission from HHJ Beard to appeal the decision on five grounds, which amounted to procedural unfairness of the court due to lack of processing of the application. This was filed apparently on erroneous grounds on processing a court fee, with the District Judge not addressing the application, and the relief from sanctions application.
On hearing the appeal on 30 July 2026, HHJ Beard allowed the appeal on procedural grounds, and considered the application for relief from sanctions, as to whether the procedural failure would have made a difference.
HHJ Beard held that there was a procedural unfairness caused by the court, and that, despite a serious breach in the circumstances, the application for relief from sanctions would likely have succeeded. In passing, the judge noted the clear difficulty in securing counsel to deal with a complex case such as this in August, and the further difficulty of it being legally aided.
HHJ Beard allowed the appeal, set aside the possession and costs order, and granted relief from sanctions in respect of Ms Gonzales Alcaron being able to serve evidence. HHJ Beard remitted the matter back to a case management hearing for a district judge to give further directions as to trial.
Tim Baldwin of the Garden Court Housing Law Team is instructed by Carl Gallagher of Gallagher Law, Leeds.
