Justice Kenneth Parker has dismissed an appeal against a CPO where the appellant tried to claim that, because the dwelling would have fallen under an exception class for the purposes of an EDMO, it should not therefore by subjec to a CPO.
The argument was that there was a natural hierarchy and it should not be possible to use the more draconian power of CPO if the lesser power of an EDMO was not available (in this case because the owner was absent whilst caring for his aging mother elsewhere).
The judge gave short shrift to this argument, pointing out that there was no statutory connection between the two powers and commenting that accepting such an interpretation would mean the CPOs could not be used in a whole range of other cases, a scenario that the judge clearly found would be unacceptable
You can access the full ruling via our Information Library from here.