Monthly Archive for October, 2009

Yeah, of course I'll call

By NL on 29/10/2009. 0 Comments

It’s a bit like one of those nights that just, you know, didn’t work out. You remember, it was all very slow, not really gratifying and, in the end, disappointingly inconclusive.

The Government has released its response [link to PDF] to the Parliamentary Joint Committee on Human Rights report of 2007. Yes, 2007. The report that was released prior to the Lords judgment in YL v Birmingham City Council and the changed law in respect of care homes providing Local Authority contracted services in Health and Social Care Act 2008.

So, the Government notes the concerns that the Courts’ approach to what constitutes a public function for the purposes of … Read the full post

Posted in Housing law - All. Tags: , , , .

Applying to set aside possession, or when is a trial not a trial?

By NL on 24/10/2009. 6 Comments

Forcelux Ltd v Binnie [2009] EWCA Civ 854

This was the Court of Appeal hearing of an appeal from a decision by a Circuit judge on an appeal from a order to set aside a possession order and grant of relief from forfeiture (Still with us? Good). It is potentially an important case for anyone looking to apply for set aside of a possession order made at first hearing of a possession claim, as it gives the Court a broader discretion to make a set aside order under CPR 3.1(2) than the strict requirements of CPR 39.3.

Forcelux was the landlord of the flat concerned and Mr Binnie held a … Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership and Possession.

A quick update from the ECJ

By J on 23/10/2009. 3 Comments

Readers might remember the case of LB Harrow v Ibrahim and another [2008] EWCA Civ 386 (noted by us here) where the Court of Appeal referred three questions to the ECJ concerning the rights of residents of family members of former Community workers.

The Advocate General (Mr Mazak) has now delivered his opinion in the case, which is available here. The Advocate General is not a Judge of the ECJ nor is his view binding on the Judges although, in practice, the ECJ usually follows the advice given. We will, therefore, have to wait for the final decision, but, for what it is worth, he has concluded:

(a) … Read the full post

Posted in FLW case note and Homeless.

I think they're trying to tell us something

By J on 23/10/2009. 2 Comments

The European Court of Human Rights has just given judgment in Paulic v Croatia (App. No. 3572/06), a case on Article 8 and possession proceedings. Given the unbroken trend of authority from Connors to Zehentner, via McCann and Cosic (all noted in the excellent and Tarantino-themed post by Dave, here), it shouldn’t be too difficult to guess how this case went.

Mr Paulic was a civilian employee of the Yugoslav People’s Army (“YPA”) who, in 1991, was granted the right to occupy (and purchase) a flat owned by the YPA. In July 1991, the Croatian state prohibited all land transactions involving property which was owned by the YPA. … Read the full post

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

Thoroughly premature planning injunction…

By NL on 23/10/2009. 4 Comments

Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB)

This was the hearing of an application for an injunction by Brentwood BC. The defendants were six gypsies who had together purchased a plot of land, called Plot 3, in 2009. This was designated agricultural land in Brentwood’s area.

At the time of purchase, the plot was subject to two enforcement notices from 2001, one of which required the removal of all touring caravans from the site, the permanent cessation of the use of the site for residential purposes and reinstatement of the site to a condition suitable for agriculture. That notice had not been enforced by Brentwood … Read the full post

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

Lost by translation

By NL on 21/10/2009. 2 Comments

Ali v Birmingham City Council [2009] EWCA Civ 1279 (Original note from an Arden Chambers eflash pdf).

Mr Ali, who is Somalian, applied as homeless to Birmingham. At interview he was noted as speaking and understanding English. he was given a leaflet in a number of languages, including Somalian, with details of translation services.

Birmingham accepted a duty and their letter to Mr Ali informed him that he would receive only one offer of suitable accommodation. Further telephone conversations were carried out through an interpreter.

Birmingham then offered a property by letter, stating that this would be the sole offer and setting out review rights. On viewing the property, … Read the full post

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

Long on principle, short on detail

By NL on 21/10/2009. 0 Comments

S (A Child), R (on the application of) v Plymouth City Council [2009] EWHC 1499 (Admin)

Not sure how we missed this one and thanks to the Legal Action housing updates for the elbow to the ribs.

This was a permission hearing on an application for judicial review of Plymouth Council’s handling of a child in need under s.17 Children Act 1989, specifically how accommodation needs were dealt with.

S was an 11 year old child who was autistic and had behavioural difficulties. He lived with his mother and brother. it was not in issue that he was a child in need for the purposes of the Act. The family … Read the full post

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