Monthly Archive for September, 2010

Law Soc JR: Some details

By NL on 30/09/2010. 0 Comments

I have some details of the Law Society v Legal Services Commission judicial review judgment. Can’t reveal my source but they were close to the action. [edited 01/10/2010 - some corrections]

The JR was won on the issue of the significance given to panel memberships and the notification of that significance only. The wider argument on the equality duty and a failure to undertake a sufficient impact assessment wasn’t decided upon.

The LSC had raised delay as an issue, arguing that the publication of the criteria was the relevant point. The Court found that the proper date was the release of the results, but if that were wrong, they would … Read the full post

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

Law Society v LSC newsflash

By NL on 30/09/2010. 1 Comment

Result out this afternoon. The Law Society won their JR of the Family tender process. No details yet – more as and when. But things are going to be very interesting.

Who bets on current contracts extended till April 2011 while Ken readies his axe?… Read the full post

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

Tenants of defaulting mortgagees II

By Francis Davey on 30/09/2010. 3 Comments

Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (No. 1809) and changes to CPR 55 and CCR O.26 as a result of the 53rd update to the civil procedure rules.

The new law gives some relief to an assured (whether or not shorthold) tenant (as well as to protected and statutory tenants under the Rent Act 1977) where a mortgage lender who is not bound by the tenancy brings proceedings for possession of the tenant’s home. The tenant has two, alternative, forms … Read the full post

Posted in Mortgage possession and Uncategorized. Tags: , , , .

Set-aside or Appeal?

By NL on 28/09/2010. 2 Comments

Islington LBC v Cecil and Grace Markland, Clerkenwell and Shoreditch County Court, 17/07/2010

The issue of whether a first hearing in a possession claim could be properly considered to be a trial came up in Forcelux Ltd v Binnie [2009] EWCA Civ 854 – our report here. The Court of Appeal held that, with possible exceptions, the first hearing was not a trial, and a decision at first hearing could be set aside under the case management powers in CPR rule 3.

This County Court appeal case is interesting as it raises the question of where the boundaries of the exceptions in Forcelux v Binnie may be.

Briefly, … Read the full post

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

RTM costs (or, how not to grant permission to appeal)

By J on 28/09/2010. 0 Comments

Wilson v Lesley Place (RTM) Company Ltd [2010] UKUT 342 (LC)

I confess to being a bit bitter about this case. The Upper Tribunal (Lands Chamber) is hideously overworked. It can (and often does) take over a year for an appeal from an LVT to get before the Upper Tribunal. Matters aren’t helped when cases like this come along and take up the valuable time of the Upper Tribunal.

The respondent was an RTM company and the appellant a non-participating tenant. The RTM company demanded various sums that primarily appeared to relate to the establishment and running of the RTM company (insurance, accountancy fees, Companies House fees, etc) as a … Read the full post

Posted in Housing law - All and Leasehold and shared ownership. Tags: , , .

Quango culling

By J on 28/09/2010. 0 Comments

The BBC has a leaked list of quangos that – potentially – the government is planning/considering to abolish. Of interest to housing lawyers:

(a) the Audit Commission (abolish and transfer);

(b) National Tenant Voice (abolished – not sure about that, I thought the Gov. just stopped funding it but didn’t actually abolish it);

(c) Rent Assessment Committees / Residential Property Tribunal Service (transfer into Tribunal Service);

(d) Homes and Communities Agency (still to decide);

(e) Leasehold Advisory Service (still to decide);

(f) TSA (still to decide – again, not too sure about that!)

(g) Law Commission (retain but refocus);

(h) Supreme Court (retain but refocus – I can’t imagine that … Read the full post

Posted in Housing law - All. Tags: .

Can’t hear you…

By NL on 27/09/2010. 63 Comments

There is a fascinating article in the 23/09/2010 Gazette by DJ Robert Hill on rights of audience in County Court hearings in chambers and the effect of the Legal Services Act 2007

While not strictly housing related, it is of relevance or potential use given the substantial use of ‘Legal Practice Clerks’ and the like as ‘advocates’ by mortgage lenders in possession claims. It would possibly also extend to officers of ALMO housing managers – e.g. Homes for Islington. (In this respect, see also Islington LBC v A Rexha (2006) Clerkenwell County Court 6/12/2006 and Hackney LBC v Spring (2006) County Court 18/9/2006, although both of these cases concerned the … Read the full post

Posted in Housing law - All, Mortgage possession and Possession.
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