Law can be expensive.
This is particularly so in relation to the process of law, i.e. the costs of going to the law. By this I mean things such as the court or tribunal fees, but particularly the costs of the lawyers. If you lose in civil litigation, the normal rule is that you’ve got to pay not just for your own lawyers, but for the other side’s too. Due to the way that costs are assessed and recovered, even the winner often has to foot the bill for some their own lawyers’ fees. It is fair to say that the general public doesn’t think too highly of the fees … Read the full post
We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The District Judge has, rightly or wrongly, dismissed that application. The occupier, understandably (even more so if the DJ fell into the “wrongly” category), wants to appeal that decision.
Now we know that such an appeal must be to a Circuit Judge. So far, so good. Many courts (and the number is growing) either have no … Read the full post
Konodyba v Royal Borough of Kensington and Chelsea  EWCA Civ 982
This was an appeal against a decision that a homelessness applicant was not eligible for assistance. It’s been on my blogging to-do list since July, for which I can only apologise. The appeal raised some unusual and interesting issues.
We’ve met the applicant, Dr Konodyba, a couple of times before. Most recently, RBKC succeeded in getting an ex parte interim injunction discharged for material non disclosure. More importantly, in the context of this appeal, she has already been to the Court of Appeal once before. It is fair to say that that trip did not end … Read the full post
The April edition of Legal Action brings news that Hurst v UK has settled. As will be seen from the ECtHR’s Statement of Facts and Questions to the Parties Hurst involved a secure tenant who murdered a neighbour, the applicant’s son, during the course of possession proceedings. Ms Hurst brought proceedings in the domestic courts, which reached their conclusion in R (Hurst) v London Northern District Coroner  UKHL 13;  2 AC 189. Those proceedings were concerned with the duties of a coroner, particularly where the death had occurred before the Human Rights Act 1998 had come into force.
Ms Hurst had also commenced civil proceedings against the police … Read the full post
Just for a little bit of Friday fun, I bring you the news that friend of the blog Mike Weatherley MP has apparently joined forces with a well known chain of coffee houses to create a competition called ‘Rock The House’. The competition is aimed at unsigned bands and one of the prizes will be to play a live set at the House of Commons. The mind boggles, but details (complete with a quote from “Nietzche” (sic)), if that’s your bag, are here.
It seems fairly obvious to me that this will be a great opportunity for the blog’s nascent house band, The Naughty Steppers, to unleash … Read the full post
Gladysheva v Russia (App. No. 7097/10)
Courtesy of the always excellent ECHR blog, comes an interesting Strasbourg decision, particularly in relation to the question of just satisfaction. It has, regrettably, taken me ages to write this up. Any students who have had to write essays about it in the meantime clearly have sadistic tutors.
The facts of the case bear some similarity with Tuleshov v Russia, but there are a few differences and what is quite interesting about this case is what the ECtHR does about just satisfaction.
The basic facts are that Ms Gladysheva was a bona fide purchaser of a flat in Moscow. The previous owner … Read the full post
Francis v LB Southwark  EWCA Civ 1418
This was a brave attempt to try and get something out a local authority’s mistaken denial of a right to buy application, but it was not one which the Court of Appeal had any truck with.
Mr Francis was a tenant of the London Borough of Southwark. It seems that the course of his tenancy had not been a smooth one. Rent arrears would accrue, but eviction would be staved off. In March 2003 Mr F submitted a right to buy application in respect his flat on the Acorn Estate.
Southwark responded in September 2003, with a Housing Act 1985, s.124 notice … Read the full post