Comments on: 1/4 pounder or Royale with Cheese? Zehentner v Austria http://nearlylegal.co.uk/blog/2009/10/14-pounder-or-royale-with-cheese-zehentner-v-austria/ Housing law news and comment Wed, 23 May 2012 13:10:25 +0000 hourly 1 http://wordpress.org/?v= By: UKSCblog | The Supreme Court of the United Kingdomhttp://nearlylegal.co.uk/blog/2009/10/14-pounder-or-royale-with-cheese-zehentner-v-austria/#comment-565 UKSCblog | The Supreme Court of the United Kingdom Mon, 09 Nov 2009 18:28:45 +0000 http://nearlylegal.co.uk/blog/?p=3510#comment-565 <!--%kramer-ref-pre%-->[...] to other countries have followed the McCann approach.  Some of the background is explained here.   The issue arose again in the Central Bedfordshire case.  However, Lords Walker, [...]<!--%kramer-ref-post%--> Kramer auto Pingback[...] to other countries have followed the McCann approach.  Some of the background is explained here.   The issue arose again in the Central Bedfordshire case.  However, Lords Walker, [...]

]]> By: That was the week that was - The Royale with Cheese - The Property Law Bloghttp://nearlylegal.co.uk/blog/2009/10/14-pounder-or-royale-with-cheese-zehentner-v-austria/#comment-564 That was the week that was - The Royale with Cheese - The Property Law Blog Mon, 19 Oct 2009 17:27:43 +0000 http://nearlylegal.co.uk/blog/?p=3510#comment-564 <!--%kramer-ref-pre%-->[...] obligatory Nearly Legal blog we have an analysis of the "Royale with cheese" conundrum [read the blog post to see what NL means] illustrated by the ECHR case of Zehentner v [...]<!--%kramer-ref-post%--> Kramer auto Pingback[...] obligatory Nearly Legal blog we have an analysis of the "Royale with cheese" conundrum [read the blog post to see what NL means] illustrated by the ECHR case of Zehentner v [...]

]]> By: davehttp://nearlylegal.co.uk/blog/2009/10/14-pounder-or-royale-with-cheese-zehentner-v-austria/#comment-563 dave Tue, 13 Oct 2009 15:44:32 +0000 http://nearlylegal.co.uk/blog/?p=3510#comment-563 Having just been teaching about Horsham Properties v Clark (http://nearlylegal.co.uk/blog/2008/10/horsham-properties-group-ltd-v-1-paul-clark-2-carol-beech-and-gmac-rfc-ltd-third-party-and-the-secretary-of-state-for-justice-intervener/), I wondered whether there might be something in this for the Clarks as well, in terms of their argument on Art 1 to the First Protocol? Having just been teaching about Horsham Properties v Clark (http://nearlylegal.co.uk/blog/2008/10/horsham-properties-group-ltd-v-1-paul-clark-2-carol-beech-and-gmac-rfc-ltd-third-party-and-the-secretary-of-state-for-justice-intervener/), I wondered whether there might be something in this for the Clarks as well, in terms of their argument on Art 1 to the First Protocol?

]]> By: JShttp://nearlylegal.co.uk/blog/2009/10/14-pounder-or-royale-with-cheese-zehentner-v-austria/#comment-562 JS Mon, 12 Oct 2009 19:51:30 +0000 http://nearlylegal.co.uk/blog/?p=3510#comment-562 FYI - public funding has been granted and an application for permission to appeal lodged in Manchester City Council -v- Pinnock . FYI – public funding has been granted and an application for permission to appeal lodged in Manchester City Council -v- Pinnock .

]]> By: Niki Gosshttp://nearlylegal.co.uk/blog/2009/10/14-pounder-or-royale-with-cheese-zehentner-v-austria/#comment-561 Niki Goss Mon, 12 Oct 2009 15:18:59 +0000 http://nearlylegal.co.uk/blog/?p=3510#comment-561 glancing thro the full report suggests a number of uses 1 unlawful tenants of mortgagors where rent covers mortgage, where will pay mortgage, or where no risk to equity and need some time 2 to get over the very difficult case law re sale in support of c creditors whether on bankruptcy or chatging orders 3 in arrears cases where there has been a business like mortgage of a home and no riskto the lender and the borrower cant at present demonstrate clear withion a reasonable period except by deferred sale some years hence [u try getting suspension based upon eventual rather than imminnet sale! and see all the CoA caselaw!] 4 to get over can't stop eviction after eviction except for oppression even tho applicvation b4 3rd party rights intervene. [ in Zehentner 3rd party rights had already intervened!!!] 5. to get over the patient rights oriented but very careless reform of the law relating to mental health Mental Capacity Act 2005 where it appears that u don't need a Litigation friend if u are asked u can give competant instructions but due to your mental illness you don't open the post, u dont apply your mind properly to court proceedings and and bury your head in the sand typical of some schizophrenics and also of depressives [see section 3] the old test capable of managing ppty and affairs potentially gave protection in those types of cases glancing thro the full report suggests a number of uses

1 unlawful tenants of mortgagors where rent covers mortgage, where will pay mortgage, or where no risk to equity and need some time

2 to get over the very difficult case law re sale in support of c creditors whether on bankruptcy or chatging orders

3 in arrears cases where there has been a business like mortgage of a home and no riskto the lender and the borrower cant at present demonstrate clear withion a reasonable period except by deferred sale some years hence
[u try getting suspension based upon eventual rather than imminnet sale! and see all the CoA caselaw!]

4 to get over can’t stop eviction after eviction except for oppression even tho applicvation b4 3rd party rights intervene. [ in Zehentner 3rd party rights had already intervened!!!]

5. to get over the patient rights oriented but very careless reform of the law relating to mental health Mental Capacity Act 2005 where it appears that u don’t need a Litigation friend if u are asked u can give competant instructions but due to your mental illness you don’t open the post,
u dont apply your mind properly to court proceedings and and bury your head in the sand typical of some schizophrenics and also of depressives
[see section 3]

the old test capable of managing ppty and affairs potentially gave protection in those types of cases

]]>