Archive for the 'Disrepair' Category

Page 2 of 9

The (Caveat) Emptor strikes back

By J on 15/04/2011. 0 Comments

“All his life has he looked away… to the future, to the horizon. Never his mind on where he was. Hmm? What he was doing. Hmph. Adventure. Heh. Excitement. Heh. A Jedi craves not these things. You are reckless” – Yoda

Which brings us nicely to (1) Jenson (2) Jenson v Faux [2011] EWCA Civ 423 and a quite fantastically important case on the Defective Premises Act 1972 and how to avoid adventure and excitement.

By s.1(1), 1972 Act, a person who does work “for or in connection with the provision of a dwelling” owes a duty to ensure that the work is done in a workmanlike or professional manner. … Read the full post

Posted in Disrepair, FLW case note and Housing law - All. Tags: .

Can we fix it? Yes we can!

By J on 09/04/2011. 0 Comments

I was in B&Q the other day, when a man in an orange overall came up to me and asked if I wanted decking… luckily I managed to get the first punch in.

Ok, so that’s not the greatest joke in the world (and, as my wife points out, I’ve never been to B&Q), but it serves as an entirely suitable introduction to the Tenant Cashback scheme, announced by Grant Shapps MP this week. The official announcement is here and the Inside Housing piece is here.

The government takes the view that some of the maintenance works done by social landlords to their housing stock could – and should … Read the full post

Posted in Disrepair, FLW article and Housing law - All.

I’ll get the lights…

By NL on 29/03/2011. 3 Comments

Feeling cheerful? Good, we’ll soon change that. Whether Claimant or Defendant on disrepair, judicial review or other CFA funded claims, the world is about to shift on its axis somewhat, and both sides are going to have to rethink their positions and tactics.

The Government’s response to the consultation on reforms to civil litigation and costs (the Jackson reforms) has now been released.

The full response can be downloaded here [pdf] and the associated impact assessment is here [pdf]

The press release is here.

In short, the Government intends to go ahead with its original proposals. Expect legislation soonish.

From the perspective of housing practitioners, some things are not … Read the full post

Posted in Disrepair and Housing law - All. Tags: , , , .

It is a truth universally acknowledged…

By NL on 14/03/2011. 13 Comments

…that if a disrepair claim reaches trial these days, then one of three options must be true:
a) there is a genuine and substantive issue of causation or liability (rare as hens teeth);
b) one or perhaps both of the parties are mad;
c) a combination of the above.

White v Quadrant Brownswood Tenants Co-op [2011] EWCA Civ 239 [not on Bailii yet, but we've seen a transcript] was a permission to appeal hearing on the Defendant’s renewed application for permission. Once I’ve gone through the details, I’ll leave you to draw your own conclusions as to which of the options, if any, applies here.

Mr White was the tenant … Read the full post

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

Champerty Returns

By David Smith on 25/01/2011. 0 Comments

Sibthorpe & Morris v LB Southwark [2011] EWCA Civ 25

Champerty and maintenance are two common law doctrines relating to the funding of civil claims. They were, at one time criminal offences, but now survive only as a matter of public policy. Briefly, maintenance is where a third party agrees to fund the suit of another in which he has no legitimate cause or interest whereas champerty is where the third party maintains the suit while also seeking a share of the damages to be awarded. Both of these were commonly used by the wealthy and powerful in the past in order to advance political causes as well as to … Read the full post

Posted in Disrepair and FLW case note. Tags: , , .

A comedy of errors

By NL on 22/01/2011. 0 Comments

Following on from David’s sort of disrepair related post below, here is another one – not directly a disrepair matter but bearing on terms of settlement. It is either quite significant or something of a farce of bad drafting, bad decisions and windfall chasing. As will become clear, I lean towards the second option…

RH v North Tyneside Council v Secretary of State for Work and Pensions (HB) [2010] UKUT 462 (AAC)

This was a housing benefit appeal, indeed the second HB appeal related to this matter. The tale is best told chronologically.

RH was a tenant of a landlord (LL) between 24 November 2006 to 18 January 2008 under … Read the full post

Posted in Benefits, Disrepair, FLW case note and Housing law - All. Tags: , .

Get Set (Off)

By David Smith on 21/01/2011. 0 Comments

Fearns (t/a “Autopaint International”) v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch)

This case was mentioned in the most recent edition of Legal Action’s Housing law update but it is not a housing case. Bear with Legal Action and us however as the case is useful. What is in there is a full discussion and explanation of the right of set-off and how it works.

The facts of the case are not particularly important but in summary there was a dispute between the two sides which left the Claimant being owed a sum of money in Pounds Sterling by the Defendant’s while the Claimant owed … Read the full post

Posted in Disrepair, FLW case note and Various (non-housing). Tags: .
row of sheds footer image
9 pages