Monthly Archive for July, 2007

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UK 'surprisingly interesting' shock

By NL on 05/07/2007. 0 Comments

There I was, coasting along in a post-blawg review Euro Dragonsmugness, when this post on Appellate Law & Practice popped up as an inbound link:

There is a Blawg Review going on at Nearly Legal. The guy is a Brit, but he says a lot of interesting things about criminal procedure and enforcement of judgments in the dark continent of Europe, where dragons dwell.

I adore that. If I can figure out how to have different blog taglines depending on the geographic origin of the browser, “A Brit, but says interesting things” would greet every US reader, credited to Appellate Law, American, but sometimes amusing ;-)… Read the full post

Posted in Various (non-housing). Tags: , .

Be good to your mother

By NL on 05/07/2007. 0 Comments

So, Denton v London Borough of Southwark [2007] EWCA Civ 623.

This won’t take long, as the case rests almost entirely on its own facts.

Applicant, a 21 year old male, applied as homeless after being thrown out by his mother. First decision, upheld on review, was that he was intentionally homeless because his bad behaviour had led to his mother telling him to go.

The County Court apparently thought a bid of leeway should be given to a 21 year old man living with his mum – some friction and chafing at rules was to be expected, and the decision had erred in not considering the behaviour as … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , , .

Shala v Birmingham City Council

By NL on 04/07/2007. 26 Comments

How did I miss this one in the Court of Appeal lists? I swear it didn’t appear in the Bailii list of recent judgments for 27 June 2007. Shala v Birmingham City Council [2007] EWCA Civ 624

This is a very significant decision on Local Authorities’ use of medical advice in homeless decisions, particularly review decisions. The actual matter is too reliant on its facts to go into at length here, but the issue at stake was priority by vulnerability, primarily through mental health issues – depression and post-traumatic stress disorder. As anybody in the field knows, these are very difficult cases to challenge, and usually much turns on the … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , , .

Call me Sibyl

By NL on 04/07/2007. 0 Comments

I’m getting the hang of this prophecy thing. Cumaean SybilAs I suggested a week ago, the role of the Attorney General is to be reviewed, and the Attorney General has said she will not be the person who decides on the cash for honours potential prosecution, or indeed major criminal prosecutions.

While I’m on the theme, what better allegory for the blogger than the Cumaean Sibyl, sitting at the mouth of her cave, writing her wisdom and prophecy on oak leaves, soon to be blown away by the wind, if not read straight away?… Read the full post

Posted in Various (non-housing). Tags: , .

Blawg Review #115

By NL on 02/07/2007. 0 Comments

Welcome to Nearly Legal. I’m delighted to be hosting Blawg Review for my first time and in the UK for the second time. What follows is the best of recent Law blog posts, as heavily filtered through the pre-occupations of an english, publicly-funded civil litigator.

Gin LaneReaders from outside the UK may have noticed that we’ve just had a spot of bother with car bombs (A Stitch in Haste did). I’m a Londoner, home and work, and, while I generally prefer people not to try to blow up bits of the city, I was heartened to note the way in which the two London attempts were stopped. Britain, or at … Read the full post

Posted in Various (non-housing). Tags: .

Gilby v City of Westminster

By NL on 01/07/2007. 0 Comments

A Court of Appeal homeless case, Gilby v City of Westminster [2007] EWCA Civ 604 was handed down on 27 June, but I’ve been a bit slow to note it, partly because I’ve been busy and partly because, frankly, it is a bit of a meh of a case. Still, it is a Court of Appeal housing judgment, so…

The Appellant had been refused the housing duty because found intentionally homeless. Since giving up settled accommodation, she had been living in her sister’s Council property, on what basis was not wholly clear.

The s.184 decision was that this was an illegal sub-let, so not settled accommodation. On s.202 review, it … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , .
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