Monthly Archive for September, 2010

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Kay v UK – A royale quarterpounder?

Introduction

Sorry for the delay in getting this post up, the delay is partly due to work but, more importantly, we’ve been arguing between ourselves as to how best to deal with it. Frankly, we can’t agree on what the case actually means and what the possible effects are. So we’ve done this as a co-authored post, with individual writers making comments, as set out below. Dave takes credit for the background and introductory material.

Background

Regular readers will no doubt be aware of the background to the case.  It really goes back to Bruton v London and Quadrant Housing Trust [2001] 1 AC 406, in which the House of … Read the full post

Kay v UK: Newsflash

The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a “time limited” violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are the main ones.

Full post coming later.

[Edit: link to judgment fixed, 22/09/10.]… Read the full post

Kay v UK: coming soon

The ECHR has announced that Kay v UK is being handed down at 11am (Strasbourg time) tomorrow (Tuesday, September 21, 2010).… Read the full post

The bottled water of principle

There is an interesting interview with Baroness Hale of the Supreme Court on the UKSC blog, (also reposted on the Guardian Law site, which has been really rather good since launch).

Lady HaleIt is well worth a read, not only for Lady Hale fighting for the separation of the Supreme Court from Government by insisting on bottled water in the canteen in the face of MoJ policy, but for her views on the operation of the Supreme Court. There is much of interest on diversity on the bench and in the SC, and, for housing lawyers, particularly on the question of socio-economic ‘positive rights’, where she sees a mismatch … Read the full post

When more means less

Green v Sinclair Investments Limited Clerkenwell and Shoreditch County Court. 11 June 2010

This is a County Court and non-binding tenancy deposit case reported in September 2010 Legal Action ‘Recent Developments’. But it is interesting and harks back to a problem we discussed a while ago, the meaning of ‘must also’ in s.214(4) Housing Act 2004.

In this case, there was a one year assured shorthold tenancy, with a deposit of £2100. The deposit was not protected. The tenancy ended after 7 months by surrender, in July 2009. The former tenant send a letter of claim in September for the return of the deposit and the 3x deposit penalty. … Read the full post

25 years of ‘Recent Developments in Housing Law’

I really couldn’t let this one pass by without adding my congratulations.

Jan Luba QC and HHJ Nic Madge have been producing the ‘Recent Developments in Housing Law’ in Legal Action for 25 years as of this month, quarterly from 1985 to 1988, then in the monthly format we all know and love. This is, frankly, an astonishing achievement. 25 years at the very heart of housing law practice, producing detailed case summaries and updates on legislation, policy and consultations. I may be a relative (or indeed absolute) newcomer, but the ‘Recent Developments’ were key to learning housing law for me and remain an essential read, and I’m sure the … Read the full post

Oppression, Maladministration and Re-entry

Hammersmith & Fulham LBC v Pill, West London County Court 26 May 2010

With grateful thanks to the Legal Action Housing Updates (on which more shortly).

Ms Pill was Hammersmith & Fulham’s secure tenant. She lived with her two children. There had been a history of domestic violence against her by her partner. In 2008 a postponed possession order was made on grounds of rent arrears. A date for possession was fixed in December 2008, for 16 January 2009. The warrant was suspended a few times, on applications that described the tenant’s problems at home. By late 2009, the relationship with her partner had improved and regular payments to … Read the full post



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