With grateful thanks to JacquiG at Bloody Relations. I couldn’t resist, what with this apparently being exam season for the wannabe lawyers and all..
Monthly Archive for April, 2008
Thanks to a reader, I have just noticed that another blog, albeit one now apparently defunct, had used significant chunks of a post of mine unaltered, without attribution and as if the material was theirs.
I’m used to the spam blogs that rip off content in its entirety. These are annoying, but usually short-lived. I’ll aid in shortening their life span where possible. It is a bit different where it is a genuine blog or site taking the material. It is, of course, a breach of copyright, but worse, it is downright rude.
I’ve never actually set out any conditions of use for my material, letting default copyright stand. Until recently, … Read the full post
Apparently Wandsworth are very very unhappy with the Court of Appeal judgment in Wandsworth v Randall on underoccupation possessions via ground 16 HA 1985. So unhappy that they are lobbying Caroline Flint to change the law via the Housing and Regeneration bill.
There are, of course, extremely good policy reasons for underoccupation possessions. Multiple bedroom council properties are in extremely short supply and demand is high.
Wandsworth, however, are putting more than a little spin on this. Martin Johnson, Cabinet member for housing said:
Our concern is the Court of Appeal judgement provides an incentive for underoccupying successor tenants to artificially increase their household as a way to defeat such
The Court of Appeal has effectively given guidance on the application of Stack v. Dowden [2007] UKHL 17 where one is faced with a transfer into joint ownership and no express statements as to shares in the property in Fowler v Barron [2008] EWCA Civ 377 (23 April 2008).
At 21:
To recapitulate, the important points decided by the House for the purpose of this appeal were as follows. The legal technique that the court will use to ascertain whether both joint owners who had been co-habitees had a beneficial interest is that of the common intention constructive test, rather than that of resulting trust. This will enable the
Honeygan-Green v London Borough of Islington [2008] EWCA Civ 363 (22 April 2008)
A quick note on this Court of Appeal case. What happens when a secure tenant who has begun the right to buy process subsequently has a suspended possession order made against them, and then later has the SPO discharged?
The Court of Appeal’s answer, following Enfield London Borough Council v. McKeon [1986] 1 WLR 1007 and Lambeth London Borough Council v. Rogers [1999] 32 HLR 361 and indeed Burrows v. Brent London Borough Council [1996] 1 WLR 1448, was that a revived tenancy brought with it retrospectively all of the rights of the tenant as if the … Read the full post
A Court of Appeal case, concerning eligiblity for housing assistance via EU status
London Borough of Harrow v Ibrahim & Anor [2008] EWCA Civ 386 (21 April 2008)
The facts are, briefly, Mrs Ibrahim is a Somali national, married to a Danish national. He came to the UK in 2002 and worked until 2003, when he claimed incapacity benefit to 2004. He was then declared fit. He didn’t take up work and left the UK shortly afterwards. he returned in December 2006 and remained without work.
Mrs Ibrahim and their four children joined Mr Ibrahim in the UK in Feb 2003. The children started school in Harrow and have remained … Read the full post
This week’s award for literalism goes to William Lyttle. Mr Lyttle, apparently not realising that ‘fall’ and ‘collapse’ are usually metaphors when applied to property, spent 40 years excavating a labyrinth of tunnels under his Hackney property. Mr Lyttle, the Daedalus of east London, was this week ordered to pay Hackney Council £300,000 for the cost of making the property safe, after they evicted him in 2006. Mr Lyttle’s excavations had previously caused a 15 foot abyss to appear in the pavement outside the house. Mr Lyttle remains subject to an injunction to keep him from his subterranean labours.
The Shelter strike is back on, sadly. Shelter staff … Read the full post
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