- Adverse possession(16)
- Community care(62)
- Housing law – All(1300)
- Mortgage possession(62)
- Tolerated trespasser(49)
- Trusts and Estoppel(42)
- Various (non-housing)(439)
- Giles Peaker on Deposit scheme – a new wheeze
- CJ on Trouble out west
- dave on Trouble out west
- Sara on Deposit scheme – a new wheeze
- kjetilniki on Mortgage possession defences
- Chris Maynard on Mortgage possession defences
- Giles Peaker on Make do and mend: Undoing Superstrike on deposits
- William Noad on Make do and mend: Undoing Superstrike on deposits
- DavBag on Reforming a bad policy, badly.
- Bill Heywood on Reforming a bad policy, badly.
Visits in 2014281713
Author Archives: Giles Peaker
Akhtar v Boland  EWCA Civ 943
Just a quick note on this one, after a conversation with a colleague reminded me I hadn’t written it up.
The details of the case need not detain us, it was a PI case which had been allocated to the small claims following admissions by the Defendant. The Claimant appealed on the basis that it should have been allocated to the fast track, and then appealed to the Court of Appeal. The appeal was unsuccessful in the Court of Appeal. The Defendant sought its costs of that appeal.
The Court of Appeal notes the CPR provisions:
… Read the full post
CPR 27(14) provides, so far as relevant:
There has been a lot of noise about the Lib Dem’s change of position/u turn on the bedroom tax announced on Wednesday. Out of that noise, it has been possible to glean a little detail about what Nick Clegg, Danny Alexander and the Lib Dem leadership are proposing as their position. In particular, this Channel 4 news interview with Danny Alexander repays watching. (Apart from the fact that it is a spectacular car crash, in which Danny Alexander tries and fails to cope with the point that everyone knew, before the bedroom tax was introduced, what the effects would be, so trying to rely on the ‘now we know’ DWP … Read the full post
Dunfermline Building Society v Ghana Commercial Finance Ltd & Ors (2014) QBD (Merc) 16 July 2014 [Not on Bailii. Lawtel note of extempore judgment.]
Regular readers will know of our interest in Mr Dharam Ghopee (or Gopee), our very favourite unlawful money lender to vulnerable individuals at hugely extortionate if unenforceable rates. It appears that as well as skating on extremely thin ice with the Mercantile Court (to the point where all possession cases, by all his companies, are stayed, struck out or set aside), Mr Ghopee has been pursuing other litigation against relatively bona fide lenders (presumably over possession and charges) on behalf of his companies.
And … Read the full post
The DWP has very belatedly issued the interim review of the bedroom tax (under occupation penalty, removal of the spare room subsidy, whatever). The document can be found here, based on a survey for the period to April/Nov 2013.
And the results are… entirely predictable to everyone but the DWP.
Social landlord rent arrears rose by 16% between April 2013 and November 2013. The report can’t quite bring itself to pin this on the bedroom tax, although noting that this was not a period of the year when arrears have traditionally risen, “it must be emphasised that the cause of this is uncertain and we cannot directly … Read the full post
Daejan Properties Ltd v Griffin & Anor  UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders along the way.
This concerned a 3 storey Victorian property in Barnet, with shops on the ground floor and 18 flats above it. “Access to the upper floor flats is by a walkway along which runs a parapet wall supported by concealed steel beams. For very many years the steel beams corroded, unobserved and unrepaired, until in 2008 one of them failed and threatened to tip the parapet into Cricklewood Lane. Emergency repairs were carried out … Read the full post
This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application.
R (OAO Yekini) v LB Southwark  EWHC 2096 (Admin) [Not on Bailii yet. I've got a transcript]
Just to set the scene, Ms Yekini was a Zambrano carer (meaning no immigration leave to remain of her own, but as the carer for a British citizen child , see here). Ms Y had applied to Southwark as homeless in February 2012 and Southwark had accepted that she was eligible and owed the housing duty. She was placed in … Read the full post