Monthly Archive for September, 2009

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Deep (Equality) Impact

By chief on 14/09/2009. 0 Comments

R (Domb) v Hammersmith and Fulham [2009] EWCA Civ 941

This is somewhat off our usual turf here at Nearly Legal, but should be of interest to anyone involved in public law challenges. This case involved a challenge to a decision by Hammersmith and Fulham to start charging (or more accurately, recommence charging) for home care services.

Three claimants, Deborah Domb, Dulce Sobral and Moses Bushiwa, challenged this decision claiming that it breached a legitimate expectation (in their manifesto before the 2006 local elections the local Conservative party stated that “A Conservative Council will not reintroduce Home Care Charging”) and it was a breach of the equality duties.

In the … Read the full post

Posted in Community care, FLW case note and Housing law - All.

Unwelcome in the valleys

By NL on 14/09/2009. 0 Comments

While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman’s decision Complaint against Cardiff CC 200702358 [pdf]

Mr Davies and Miss Brown complained about Cardiff Council’s failure to deal with noise nuisance and threatening behaviour from Mr Williams over a period of some years. All parties were Council tenants, Mr Williams lived in the flat below the complainants.

The Council’s failure to deal with Mr Williams had been the subject of a previous Ombudsman’s report in 2007 (200501496/7/8), which had made extensive recommendations on Cardiff’s handling of ASB. Mr Williams had been transferred, but to a nearby flat, in the course of … Read the full post

Posted in ASB, Housing law - All, Introductory and Demoted tenancies, Possession and secure-tenancy. Tags: , , , , .

Of Car Parks, Caravans and Councillor's commitments

By NL on 13/09/2009. 0 Comments

The City & Council of Swansea v Christine Joyce (and others) Cardiff District Registry, Chancery Division 31 March 2009 7CF30099

This is an example of a post Doherty public law defence at first hearing, and one that succeeded where an alternative defence of estoppel didn’t.

Two Traveller families, the Joyces and the McDonaghs, had been camped on the car park at Swansea Enterprise Park, on various parts over the years (about 20). The car park was used as an overflow for events at the nearby Liberty Stadium. The Council had the freehold for the Enterprise Park. In May 2007, the Council sought to get the Joyces and McDonaghs to move … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

What is "housing-related conduct?"

By J on 12/09/2009. 0 Comments

Swindon BC v Redpath [2009] EWCA Civ 943

By s.153A(1) Housing Act 1996, a variety of social landlords, including local housing authorities, may apply for an injunction to restrain a person from engaging in “housing-related” anti-social behaviour. That means conduct which directly or indirectly related to or affects the housing management functions of the landlord.

Mr Redpath was a secure tenant of Swindon BC (“Swindon”). In February 2003 he had been convicted at Swindon Magistrates’ Court for failing to provide a specimen for analysis and other driving offences. A neighbour, Mr Johnson, had reported Mr Redpath to the police in respect of this incident and, as a result of this, … Read the full post

Posted in ASB and FLW case note. Tags: , .

What is a "good" DJ?

By Dave on 09/09/2009. 16 Comments

We at NL have been having an ongoing, interesting dialogue over the past day or so about what is a good DJ, specifically when dealing with possession proceedings.  Our dialogue was initiated by an article which J forwarded to us about Judge Arthur Schack’s forensic examination of the papers when dealing with a foreclosure action, in this case brought by Deutsche Bank against Ramash Maraj, in the Supreme Court for Brooklyn and Staten Island.  The article goes into the sort of detail about Judge Schack’s life history which, I suspect, we would all like to know about the DJs before whom we appear and for whom possession days must be … Read the full post

Posted in FLW article, Mortgage possession and Possession.

Way beyond the Naughty Step

By NL on 07/09/2009. 0 Comments

Some private landlords treat tenants as a nuisance. A sitting tenant can get in the way of a quick deal or reduce the value of a property on which the landlord is hoping to make a quick buck. Thanos Papalexis found himself in this situation when Charalambos Christodoulides, the resident caretaker of a derelict warehouse complex in Kensal Rise, refused to leave, potentially causing problems for a £2 million property deal. Mr Papalexis didn’t resort to illegal eviction, though. He had another solution for the problem presented by Mr Christodoulides.

He had him killed.

In fact, Mr Christoduoulides was tied to a chair, tortured, then strangled.

Mr Papalexis, of … Read the full post

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

Not on its behalf…

By NL on 06/09/2009. 0 Comments

S, R (on the application of) v A Social Security Commissioner & Ors [2009] EWHC 2221 (Admin)

This was an application for Judicial Review of a decision of the Social Security Commissioner refusing leave to appeal a decision of the Social Security Appeal Tribunal. What was at issue was the calculation of awards of housing benefit, specifically, the decision that the Claimant’s accommodation was not ‘exempt accommodation’ under paragraph 4 of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 SI No 217. This provides that:

the “eligible rent” used to decide an award of housing benefit will not be decided by the maximum rent

… Read the full post

Posted in assured-tenancy, Benefits, Community care, FLW case note and Housing law - All. Tags: , .
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