Author Archive for NL

Carpets, covenants and ‘the well-being of lawyers’

By NL on 20/05/2012. 2 Comments

I suspect that many lawyers heave a heavy sigh at neighbour disputes. They seem to be fought with an intensity in inverse proportion to the scale of the problems. Throw in issues in construing lease covenants and enforceability by third parties and it is not surprising that this case ended up in the Court of Appeal, much to the Court’s disapproval.

Faidi & Anor v Elliot Corporation [2012] EWCA Civ 287 concerned two leaseholders in Eaton Mansions. The freeholder is the Grosvenor Estate and the reversioner is Eaton Mansions (Westminster) Ltd (EMW), a company owned by the leaseholders. The Claimant had Flat 6, the Defendant Flat 8, directly above it. … Read the full post

Posted in FLW case note, Housing law - All and Leasehold and shared ownership. Tags: , , .

Outside the Boxall

By NL on 15/05/2012. 0 Comments

This is an important case on costs on settled Judicial Reviews. Following on Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 [Our report] and Lord Jackson’s view on JR costs, the Court of Appeal in M v London Borough of Croydon [2012] EWCA Civ 595 has given general guidance for awarding costs. The principles should also apply to the equally troublesome area of costs in settled s.204 Housing Act 1996 Homeless appeals.

The actual judicial review that gave rise to this hearing was an age assessment case which was conceded by the Local Authority … Read the full post

Posted in Community care, FLW case note, Homeless and Housing law - All. Tags: , .

Care needs, eligibility and human rights

By NL on 12/05/2012. 0 Comments

De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin)

This was a judicial review of RBK&C’s refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment under s.47 of the National Health Service and Community Care Act 1990.

Mr De A is a Portuguese national. He lived in the UK from 1998 to 2001 and from 2008 to date. He worked during the first period and for a year after his return. Mr De A had contracted HIV and AIDS. His health deteriorated so that he was not able to work. His … Read the full post

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

Job Ad

By NL on 02/05/2012. 0 Comments

Painsmith Solicitors

Leading regional firm seeks L&T solicitor

PainSmith solicitors seeks a 2-3 years qualified Landlord and Tenant solicitor to run own caseload and supervise up to 3 members of staff.

You will need to have strong civil litigation experience and be familiar with the principles of landlord and tenant law. A willingness to expand on landlord and tenant law is essential as well as a willingness to write articles and provide training in this area. The firm has a strong ethos for training young lawyers therefore you will need to be patient, confident and willing to help and assist when necessary.

Please send CV and covering letter to marveen@painsmith.co.uk… Read the full post

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

The Short March for access to justice

By NL on 22/04/2012. 2 Comments

Alongside such luminaries as the  Lord Chief Justice, The Master of the Rolls, The Presidents of The Law Society and ILEX and the Chairman of the Bar, a couple of the Nearly Legal team are taking part in the London Legal Walk on 21 May 2012.

This is a 10 kilometer (6.21 miles in old money) sponsored walk around legal London, with the money raised going to the London Legal Support Trust. The Trust works to support law centres and legal advice agencies  in London and the South East by providing them with grant funding alongside other forms of support.  In these difficult times, the support is needed more than ever.

We don’t … Read the full post

Posted in Various (non-housing).

Proportionality, Section 21 and starter tenancies

By NL on 22/04/2012. 2 Comments

Another RSL ‘starter tenancy’ and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside Group Limited – v – Sharon Thomas [2012] EWHC 169 (QB) 2 March 2012 (Manchester District Registry) [Not on Bailii. We've seen a transcript].

This will be a quick note, as the general principle has been established that proportionality defences are available for Housing Association ‘starter tenancies’, being assured shorthold tenancies, where possession is sought via section 21 notice. In addition, Ms Thomas was in person, and failed to appear, after her solicitors came off the record for lack of co-operation, so the extent of argument was limited.

Ms … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , , , , .

Legal Aid Lawyer of the Year Nominations

By NL on 19/04/2012. 0 Comments

The 2012 Legal Aid Lawyer of the Year nominations are open.

In this difficult time for legal aid, what better than to celebrate the passion and commitment of those working in legal aid practice? Do you know someone or a practice whose work should be recognised in the LALYs? Then nominate them!

The nomination form is here and more details are here.

The closing date is 27 April 2012… Read the full post

Posted in FLW article and Various (non-housing).
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