Archive for December, 2007

To end the year - a meme


Thanks to Lex Scholasticus at Reductio ad Absurdum, I have been tagged with another blog meme thing. In a surprising bout of pre-new year generosity, I will both respond and entirely fail to tag anyone else.

I am called upon to list 8 things I want to happen in 2008. Only 8? I’ll try to keep them vaguely legally related, apart from the first, which is of pressing personal need, and the last, which is too much to hope for.

1. Cure the damn common cold. OK, I understand the nature of fast mutating viruses and why this is difficult. So couldn’t someone just come up with a symptom suppressor that actually worked?

2. Obviously, I want to qualify and get a post, preferably with a decent legal aid firm. Which leads on to…

3. The LSC and the MoJ finally get a clue and come up with workable proposals for legal aid reform.

4. The government actually pays attention to the Law Commission’s proposals on reforming housing law.

5. The great wig issue. Everybody wears them, nobody wears them, some people wear them, but not the judges, except for some judges who do. I’m past caring. Settle the horsehair one way or another - either gently on the the head or back in the tin.

6.  Somebody fixes the Administrative Court. When the judges are reaching for Magna Carta to express their frustration, there is a teeny problem. In fact, the County Courts could do with some help too.

7.  David Cameron shuts up about repealing the Human Rights Act. In fact David Cameron shuts up.

8.  As well as the usual: world peace, a sudden outbreak of tolerance and understanding, that sort of thing, I rather want a new Macbook and/or iMac, thanks.

Happy new year to all. Now where is that Lemsip…

Blawg Review Nominations

This year’s Blawg Review awards are apparently to be awarded to one Blawg on the basis of nominations from solely those who have hosted or are shortly to host a Blawg Review.

Having closely followed the instructions of the anonymous Ed of Blawg Review, Nearly Legal’s nominations are based on marks for elegance and commitment, with bonus points for being based some distance to the east of most of the Blawg Reviewers.

And the nominations are, in no particular order:

Corporate Law UK for Review #116

Public Defender Stuff for Review #91

Lex Ferenda for Review #128

and Infamy or Praise for Review #137

To date, nobody has nominated Review #115. I blame declining standards in education.

RCJ evicts thousands…

From The Times, 12 November 1866

The extensive and complicated network of lanes, courts and alleys covering the area bounded east and west by Bell Yard and Clement’s Inn, north by Carey Street, and south by the Strand and Fleet Street, lately containing a population more numerous than that of many Parliamentary boroughs, is being fast deserted. A few of the winding thoroughfares are not yet disturbed, but several of old and worse than equivocal notoriety - and in which, a few weeks ago, passage was rendered somewhat difficult by the human swarms whose modes of existence are among the unsolved social mysteries – are now almost uninhabited, only a house or two remaining, in exceptional cases, where a brief extension of term has been granted. Massive padlocks guard every door. The glass on the first and second floors has been smashed in by unforbidden missiles discharged as parting salutes by the more juvenile emigrants, and the grimy, stooping, unwholesome buildings wear an aspect of weird gloom, contrasting strangely with their recent animation, when every doorway and window arrested passing attention with grotesque and sordid samples of human nature. The ground taken by the authorities intrusted with the arrangements for the new ‘Palace of Justice’, or, in plain English, the new law courts and offices, includes nearly thirty lanes and passages, the names of some of which will be familiar to all who have made acquaintance with the topography of London. Among them is Clement’s Lane, the south part of which, nearly up to King’s College Hospital, comes down. Here still stand some old houses, the very peculiar, perhaps unique, character of whose construction is worthy of a visit. One of them is remarkable as the scene of one of those Royal intrigues and misdeeds which figure in the Mémoires pour Servir of Charles II and his Court. Then there is Bell Yard, the seat of newsvendors, law booksellers and printers… Next come Middle and Upper Serles Place, with Lower Serles Place, formerly Shire Lane; Ship Yard, mentioned more than once in the chronicles of seventeenth-century roysterings; Crown Court, a dilapidated passage… with its noisy and dangerous neighbour, Newcastle Court.

The main frontages to come down are, northwardly, nearly the whole of the south side of Carey Street, and, southwardly, the eastern and western extremities respectively, the north side of the Strand and Fleet Street, crossing Temple Bar. The pulling down of the south frontage will probably be deferred until some way has been made in the removal of the passages to the rear. By the displacement of so many hundreds of poor families, the unhealthy courts about Drury Lane, Bedfordbury, the Seven Dials and other localities, already reeking and noisome with excess of numbers, have become more overcrowded than ever, The rents of the most miserable rooms have materially risen, and another entanglement is added to the difficult problem, ‘How and where are the poor to find suitable dwellings?’

Omar update

Craig Keenan from Community Law Partnership has added another comment to my original post on Omar -v- Birmingham CC to the effect that funding may be forthcoming for a House of Lords appeal. Also the key issue, which is whether Councils can rely on s.193(5) - suitability - rather than s.193(7) - suitability and reasonable to accept - when discharging duty on refusal of an offer of accommodation, may well come up in other cases headed to the Court of Appeal.

Hopefully, a resolution will be achieved soon, as Omar -v- Birmingham was not at all clear in its suggestions.

Christmas rush

It seems I wasn’t the only one frantically getting cases progressed before the holiday break. The Court of Appeal has been churning out judgments at an extraordinary rate.

Amongst them one housing law judgment…

Green & Anor v London Borough of Croydon [2007] EWCA Civ 1367. This was an appeal on a homeless application. Briefly, there had been a somewhat iffy possession order, made where the actual rent due and owing was not clear at all. The Local Authority had even advised the appellants on the iffyness of the claim. However, a ground 8 possession order was made and the Council then returned an intentionally homeless s.184 decision on the subsequent homeless application.

The basis of the appeal was that the Council’s inquiries had not gone far enough, or at all, into whether the possession order was soundly based or should have been made at all.

The Court of Appeal held that ’such inquiries as are neccessary’ in the terms of s.184, in circumstances such as this where the County Court had made a decision as to what the rent was on the basis of mixed and uncertain evidence, need not take place, although the situation may be different where the County Court decision was ‘clearly’ wrong. This was not a boundary testing case. Appeal dismissed.

Bad luck to Flack & Co on this one.

amicitia reverto (sic)

So, Belle de Jure and Lawyer-2-be, although apparently tired of being respectively scandalously homophonic and hyphenated, are back. I somehow thought it was only a matter of time before one or both broke cover.

Now conjoined, although thankfully not declined, and newly latinate, their fresh venture, Reductio ad Absurdum, should be a blog for lawyers with a hinterland, always assuming there be such a thing.

For myself, I have no Latin, or indeed Classical Greek, the lack of which makes me neither proud nor ashamed. I could once, however, play the oboe and explain hermeneutics. Preferably not at the same time.