Disability discrimination goes to full trial

Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15 When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly […]

Part 7 and capacity

R (MT) v Oxford CC, High Ct, (Lawtel note only as far as I can tell) is an interesting little case on capacity and homelessness Mr MT lacks capacity and is unable to manage his housing or financial affairs. He (or, I suspect, his father who was also his litigation friend) applied to Oxford CC […]

The judicial review of regulations on funding judicial review

Ben Hoare Bell Solicitors & Ors, R (On the Application Of) v The Lord Chancellor [2015] EWHC 523 (Admin) The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I […]

A new approach to improvements

Waaler v LB Hounslow [2015] UKUT 17 (LC) The background to this case is quite familiar to anyone who has been dealing with local authority leasehold service charge disputes over the last few years. Hounslow embarked upon a scheme of major works on an estate where Miss Waaler was one of the leaseholders. The works […]

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 […]

Shared care isn’t occupation as a home.

A short Upper Tribunal decision has put an end to bedroom tax appeals based on the ‘part-time’ residence of a child of a separated family with shared care. MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) The FTT in […]

Nuisance and reasonable steps

As an illustration of the perils of a claim in nuisance, here is Yianni v Shakeshaft [2014] EWCA Civ 1639 [Not on Bailii. We’ve seen a transcript] Ms Y is the leaseholder of a flat below that of Mrs & Mr Shakeshaft, who had a tenant in theirs. There had been repeated leaks, and floods, into […]

Unnoticed

Another Court of Appeal disrepair judgment! I can barely contain myself. And on a fairly important issue too. So.. Edwards v Kumarasamy [2015] EWCA Civ 20 Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr […]

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 […]

Disrepair damages update

With very grateful thanks to Beatrice Prevatt’s annual disrepair update in the December 2014/January 2015 Legal Action, here is a bumper pack of County Court cases and settled cases on damages for disrepair. Armes v Wheel Property Co Ltd, Clerkenwell and Shoreditch County Court, 17 May 2013 Claimant had been the protected tenant of a […]