Monthly Archive for February, 2010

Unlawful Eviction, exemplary damages and why people don’t like estate agents

By NL on 28/02/2010. 0 Comments

Islam v Yap and Others. Claim No: TLQ/09/1130. High Court, 20 November 2009.

This was a claim for unlawful eviction and a tale worthy of a play by Ben Jonson. There were no less than 5 defendants, and such superfluity necessitates an opening description of the nature and the character of the dramatis personae:

Mrs Islam – a homeless applicant housed by LB Redbridge on a non-secure tenancy and being the Claimant.
Mr Yap – a freeholder of the property, who granted a lease to Finebridge Lettings but appeared somewhat confused about the extent of his title and wished most ardently to sell the property to realise his … Read the full post

Posted in FLW case note, Housing law - All, Possession and Unlawful eviction and harassment. Tags: , , , .

Right of residence and children in education

By NL on 26/02/2010. 16 Comments

LB Harrow v Ibrahim C‑310/08 on reference from the Court of Appeal (LB Harrow v Ibrahim and another [2008] EWCA Civ 386. Our note here).

The question was whether:

(a) children of EU citizens who have installed themselves in a member state during the exercise by their parents of rights as residence as workers in that state are entitled to reside in the state in order to attend general educational courses;

(b) a parent who is the primary carer of those children – irrespective of his or her nationality – is entitled to reside with the children in order to allow the children to exercise that right. The … Read the full post

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

Tenancy Deposits on Sale and Rent Back on Appeal

By David Smith on 24/02/2010. 4 Comments

UK Housing Alliance v Francis [2010] EWCA Civ 117

This is an appeal from a case in Grimsby County Court which we reported on here. It is also the first Court of Appeal decision to touch on tenancy deposit protection.

Briefly, the case involved a sale and rent back arrangement between UK and F whereby F was granted an Assured Shorthold Tenancy for 10 years. A proportion of the purchase sum was to be held back and would be paid over at the end of the term with a proportional deduction if the tenancy ended earlier than the 10 year point. Ultimately, F fell behind with the rent and … Read the full post

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

The famous five

By J on 24/02/2010. 16 Comments

News reaches us here at NL towers about five gateway B cases that are due to be heard shortly. Apparently some or all of the authorities (Manchester, Birmingham, Hounslow, Leeds and Salford), together with the government, were trying to get the cases adjourned pending the decision of the Supreme Court in Manchester CC v Pinnock. Yesterday, the CA refused this application. Does anyone know anything more about this?… Read the full post

Posted in Uncategorized.

‘Ard en fast rule*

By J on 20/02/2010. 2 Comments

James v Birmingham City Council [2010] EWHC 282 (Admin) is a further dispute about the power of the court to vary an ASBO.

A magistrates court may make and ASBO against any person over the age of 10 if it can be proved (to the criminal standard of proof, using the civil rules of evidence) that he has acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself and that it is necessary for such an order to be made – s.1(1), Crime and Disorder … Read the full post

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

Undue restriction

By NL on 19/02/2010. 0 Comments

We at NL try to keep up with the cutting edge of human rights law, even when it is a little uncomfortable. But hitherto undreamt of vistas of potential challenges opened up when we read this account of the complaint of Count Alfons Mensdorff-Pouilly, of Austria.

lederhosenCount Alfons, if we may be forgiven such lese majeste, had a very particular breeches related breach of human rights in mind, following his detention for seven days after arrest in connection with one of the BAE fraud and corruption inquiries. To wit:

I wasn’t given underwear that was my size despite asking for it several times. And they didn’t give me a

… Read the full post

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

Proprietary Estoppel: Detriment and Remedy in the Privy Council

By Dave on 18/02/2010. 0 Comments

In Henry and Mitchell v Henry [2010] UKPC 3, the Privy Council have given further consideration to the doctrine of proprietary estoppel.  The judgment of the PC was delivered by Sir Jonathan Parker and it will be of particular interest as it demonstrates the continuing importance of the Court of Appeal’s excellent judgment in Gillett v Holt [2000] EWCA Civ 66 as well as raising (without deciding) the interesting issue of the remedy when section 116, LRA 2002 is in issue in relation to third party buyers after the estoppel has been established.

In summary, the facts are that Geraldine Pierre, who people referred to on St Lucia simply as … Read the full post

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