Nearly Legal has a comment piece in the Solicitors Journal. (No subscription needed for the next week). Fame, yes, fame at last. In an anonymous sort of way.… Read the full post
Monthly Archive for December, 2007
Page 2 of 2
The latest case to test the Connors, Kay and Doherty formulations on human rights defences to possession cases (see here for previous post, including the comments) has just had its Court of Appeal judgment released. I would assume that Smith (On Behalf of the Gypsy Council) v Buckland [2007] EWCA Civ 1318 is a way-station on the path to the House of Lords. This is also something of a test case for the situation on gypsy site licence possessions after the Housing Act 2004 amendments, which were introduced as a result of the ECtHR judgment in Connors.
So, where are we now?
First, the key human rights point – … Read the full post
Blimey, who declared this Estoppel month? The latest is Powell & Anor v Benney [2007] EWCA Civ 1283. Although the case itself is not that interesting, the judgment is worth a look as it gives a clear overview of the Court of Appeal’s current thinking in this area. The only judgment is by Sir Peter Gibson.
Some points:
The distinction between a ‘bargain’ form of estoppel in which relief should vindicate the Claimant’s expectations and a ‘non-bargain’ form in which relief is open to a wider judicial discretion including proportionality with detriment, as proposed by Robert Walker LJ in Jennings v Rice, is followed in this case. However, interest … Read the full post
In Waltham Forest v Maloba [2007] EWCA Civ 1281, the Court of Appeal has revisited the issue of ‘reasonable to occupy’ in terms of the homelessness provisions of Housing Act 1996.
Briefly, the facts were that Mr M had lived in the UK since 1989 and acquired British Citizenship in 1997. On a visit to his family in Uganda, he married and had a child. For two years, Mrs M and their daughter lived in an annex to a property in Uganda, which had belonged to his late father but was now occupied by Mr M’s brother and one of his sisters. it was considered to be a ‘family’ … Read the full post
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