Monthly Archive for March, 2011

I’ll get the lights…

By NL on 29/03/2011. 3 Comments

Feeling cheerful? Good, we’ll soon change that. Whether Claimant or Defendant on disrepair, judicial review or other CFA funded claims, the world is about to shift on its axis somewhat, and both sides are going to have to rethink their positions and tactics.

The Government’s response to the consultation on reforms to civil litigation and costs (the Jackson reforms) has now been released.

The full response can be downloaded here [pdf] and the associated impact assessment is here [pdf]

The press release is here.

In short, the Government intends to go ahead with its original proposals. Expect legislation soonish.

From the perspective of housing practitioners, some things are not … Read the full post

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

Grant Shapps on flexible tenancies and Pinnock

By NL on 28/03/2011. 16 Comments

Grant Shapps has given A statement to Inside Housing on his view of the impact of Pinnock v Manchester and Powell v Hounslow on the plans for flexible tenancies.

The short answer is not a lot. He points to the ‘exceptional case’ provision and the presumption of proportionality. He also argues that the review provisions for possession of flexible tenancies satisfies Pinnock guidance.

And he may well be right, although I suspect things will not be so straightforward as the new provisions bed down.

On the rest, one might wonder how flexible tenancies will give providers “greater control over ensuring that their social housing goes to those most in need”, … Read the full post

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

Well, that’s embarrassing

By Dave on 24/03/2011. 1 Comment

You know how when you search for something that isn’t there on NL, it comes up with that (quite annoying) “well, that’s embarrassing” logo?  Well, I searched last night for Vilvarasa v Harrow LBC [2010] EWCA Civ 1278 but couldn’t find it.  Then, it struck me that maybe it was embarrassing and I’d said I’d do it back in November when it came out (in response to one of NL or the Chief’s lists that they regularly produce of what’s interesting) but hadn’t done it.  I could have kept quiet, but Vilvaras is really quite significant on the section 193 duties.  So, somewhat belatedly, we come to this really rather … Read the full post

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

x’=γ(x-vt)*

By chief on 24/03/2011. 0 Comments

Without further ado, a hodge-podge of Equality and Human Rights updates.

Firstly, the Deputy Prime Minister and the Secretary of State for Justice have finally launched the long expected Commission on a UK Bill of Rights. The Commission comprises a number of human rights and constitutional law experts and, er, some people who are presumably Cameron’s kind of people. The UK Human Rights Blog has a better analysis of the qualifications of the various members. The terms of reference, as expected, do not include the option of complete withdrawal from the Convention. What they do include is:

“The Commission will investigate the creation of a UK Bill of Rights … Read the full post

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

Grrrr

By Dave on 23/03/2011. 10 Comments

First of all, a guilty secret: I love Silk, the BBC show.  It makes my Tuesday nights.  It is completely and utterly implausible but take it for what it is – fiction and drama – and it’s a great show.  After a late Supper, my partner called me and said there was another programme which I must watch on BBC.  So I sat and shouted at “Neighbourhood watched” – a title which pretty much sums up much of the literature on the governance of social housing.  It’s a real-life documentary, apparently a series, following housing officers of two or three PRPs trying to manage their properties.  In the main, the … Read the full post

Posted in FLW article and Housing law - All.

A Return to Parliament Square

By David Smith on 23/03/2011. 0 Comments

The Mayor of London (Greater London Authority) v Haw & Ors [2011] EWHC 585 (QB)

You may remember that there has been some previous litigation (the most crucial of which we reported on here) between the Mayor of London and various persons protesting on or around Parliament Square. If you have actually seen the Square recently you will be able to observe the extensive security fencing and the remaining tents which will be enoughto tell you that the issue is not yet over and that previous victories for the Mayor have not been sufficiently crushing to the spirit of the protesters.

In summary the position when we left it … Read the full post

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

Set Aside or Appeal, or both?

By NL on 20/03/2011. 1 Comment

Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241

This is a rather odd one. Although the case involves fraudulent sale and rent back agreements, mortgage possession and a rescinded sale and transfer of title, that isn’t why we’re writing it up. The reason this Court of Appeal case is worth attention is that it deals with, and gives guidance on, the routes available to someone seeking to overturn an order at trial that they did not attend, and specifically the interrelation of an application to set aside under CPR 39.3 and an appeal of the original order.

The background was that Mr and Mrs Pain … Read the full post

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