End times.

I have been told that there must be an end of year round up for the blog. But, before I get to the figures, here is a soundtrack. NL, it has to be said, seems to be prospering in bad times (not that we make any money from it, not at all. The reverse in fact.) We […]

There must be some way out of here.

‘Withdrawal’ of proceedings – we’ve been here before, with Spicer v Tuli, but this time, the purported withdrawal was in an appeal of an improvement notice to the Residential Property Tribunal. The appeal to the Upper Tribunal arose out of that. Simon v Denbighshire CC [2010] UKUT 488 (LC) Denbighshire had decided that a category […]

Paying the cost.

Watson v Simpson Croydon County Court 4 October 2012 Not a stunningly important appeal to a Circuit Judge, this one, but a useful case to be able to wave around on costs. Ms Simpson was a private AST tenant of Mr Watson, whose tenancy had become a statutory periodic one. Mr Watson apparently wanted her […]

Late to the party

MacGregor v B M Samuels Finance Group Ltd [2013] UKUT 471 (LC) was, I’m afraid, handed down over two months ago. Such is the state of the NL backlog that I’m only getting to it now. Sorry about that. As those of you who could not wait must have already realised, there has already been […]

Benefit cap JR

I’ve been really slow to write this up, for which many apologies, but I have just got bogged down in other things.  The benefit cap JR got lost amongst that other stuff partly because it was almost predictable after MA that the Divisional Court would find a way to uphold it. Actually, though, having read it […]

Repair liability and implied lease clauses.

This one has been sitting in my draft collection for a while, but, as Christmas fades towards the new year, it finally got done. For the leaseholders in this particular appeal, it was, however, distinctly short of glad tidings. Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 What kind of liability […]

Failed claim for adverse possession

It wouldn’t be Christmas without a post on adverse possession so here is Smart v London Borough of Lambeth [2013] EWCA Civ 1375……..(*struggles to find Christmas link*). An oddity in this case is that Mr Smart, who was claiming adverse possession against Lambeth, had previously made a right to buy (RTB) application to them in […]

“Mere likelihood” not enough to engage section 149

Swan v Gill [2013] EWCA Civ 1566 apparently attracted quite a bit of attention at the HLPA conference this year, the  general consensus being that the Court of Appeal was wrong in its approach to s.149 Equality Act 2010 and I’m inclined to agree. Mr Gill, an assured tenant, had taken over the communal areas […]