What’s the Din? The Supremes’ Cut

Haile v Waltham Forest LBC [2015] UKSC 34 is the second of the triptych of cases which are before the UKSC (We have yet to have the outcome of the third one, the eligibility appeals in Samin/Mirga).  The first, Johnson/Hotak/Kanu, as NL wrote, is particularly significant because of its reworking of the vulnerability test, overwriting encrusted […]

From ‘pillar to post’

In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family.  I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just […]

Zambrano carers and social assistance

There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role.  And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance […]

Let’s all move to Wales …*

Yesterday, the Welsh Government published the Renting Homes (Wales) Bill.  The Bill seeks to implement the Law Commission’s Renting Homes Bill, with some major amendments partly reflecting the devolution settlement (ie what can be done) and partly to update the Bill.  There are also some rather interesting and slightly more subtle alterations in the Welsh […]

Qualification criteria and allocations: An outlier?

In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council.  The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for […]

Shared ownership – new guidance

The CML, NHF, HCA, BSA have produced new guidance on handling arrears and possession sales of shared ownership properties (the previous guidance was in 2010 and the contact details provided were out of date).  I am not sure that there is a huge difference between the 2010 and new guidance – the documents are slight […]

Suspending belief

We have dealt with the basic facts in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 when considering its previous incarnations (Cooke v Mortgage Business [2012] EWCA Civ 17 and Re North East Property Buyers Ltd [2010] EWHC 2991 (Ch)).  In summary, the basic question for the Supreme Court was this: where a seller has agreed, prior to the […]

Just bonkers, absolutely bonkers

Just what did Sandwell think they were doing?  They set a minimum residence requirement of two years (why two you might ask) for their local council tax reduction scheme and thought that would be acceptable.  They did so on the basis that they were concerned about those nasty southerners taking advantage of their cheaper housing, […]

Trouble out west

In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court?  Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. […]

Pregnancy and Worker Status

Saint Prix v SSWP Case C-507/12 must be one of the more obvious decisions of the CJEU in the sense that the outcome should have been apparent (although the rationale less so), but no less important because of that.  The question on reference from the UKSC was, in essence, whether somebody who becomes pregnant loses […]