Spoiling the Broth

Blake and others v LB Waltham Forest [2014] EWHC  1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.

The soup kitchen has been providing hot meals and refreshments to local homeless people on a nightly basis for the past 25 years and it has occupied its current site for the last 20 years. The Council issued its decision to terminate the kitchen’s licence on 17/4/13 as part of its urban regeneration programme. There were also concerns that the site had become … Read the full post

Let’s all talk about Wales

We don’t often publicise events here, but given that this one involves at least couple of the NL team, we are damn well going to.

Housing Law:
The Welsh Devolution Effect
1st May 2014

Cardiff Law School, Museum Avenue, Cardiff, CF10 3AX

 

A one day conference run by the University of Bristol Law School, Anthony Gold, and Arden Chambers examining the two major housing Bills in Wales, the Housing (Wales) Bill and the Renting Homes (Wales) Bill.

The Welsh Government is carrying through a substantial legislative programme reforming all aspects of housing and tenancy rights and responsibilities. These significant changes will ultimately lead to an effective separation of Wales … Read the full post

Article 8 and the Private Sector

In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC  645  (Chfollows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at the drilling program being undertaken by a company, Igas Energy plc. The Claimants had granted Igas a licence to drill on the land nearby and the protest was intended to deter the controversial fracking process which the activists feared would ensue.

The Claimants sought their eviction from the land and the Defendants argued that their eviction would be a disproportionate interference with their rights under Articles … Read the full post

Housing and Human Rights Round-Up Pt 1

Winterstein v France 17/10/13 (judgement in French only)

The applicants in this case were travellers who were part of a community that had occupied land on a site (known as bois du Trou-Poulet) in the Herblay region of France and had made it their home over a period of 30 years. In 2003, this area was designated a protected conservation area and on April/May 2004, the Local Authority commenced proceedings for the community’s eviction from the land.

Although the applicants received a favourable hearing at first instance, the decision to evict was upheld on appeal. The Courts found that the decision was within the framework of the law, the lengthy … Read the full post

Out of order

R (CN) v LB Lewisham; R (ZH) v Newham LBC [2013] EWCA Civ 804

This is a very important decision from the summer. For some reason we haven’t got round to writing it up before now. In the meantime England have managed to retain (yay) and then lose (boo) the Ashes, so it just goes to show that there are worse things in the world than tardy blog writers.

The issue in the two cases is neatly stated by Kitchin LJ at [2]:

“The central issue on this appeal is whether the decisions in Manek and Desnousse continue to bind this court in the light of the decisions of the

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Dog whistles

The DCLG has trumpeted a new Guide on Council and Police powers on ‘Dealing with illegal and unauthorised encampments’.

A new guide will give more power and a stronger voice to local residents and councillors to challenge council officers if they claim ‘nothing can be done’ about this problem. It follows on from the recently scrapped diversity and equality guidance which discouraged councils from taking enforcement action.

So says the DCLG press release, which also trumpets that ‘New Temporary Stop Notices now give councils powers to tackle unauthorised caravans, backed up with potentially unlimited fines.’

However, the ‘Summary of Available Powers‘ makes clear that the only ‘new’ … Read the full post

Human Rights Round-up

3 cases have recently been decided by the ECtHR Chamber

Busuioc v Republic of Moldova [2013] ECHR 684 (16/7/13)

The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State’s failure to protect her and her two children under the provisions of Moldovan national law from domestic violence perpetrated against them over several years by B’s former husband, VB, when they failed to order his eviction from the flat which they occupied together.

The parties had divorced in 2007 but B was repeatedly beaten by VB after their divorce. B’s application to have VB evicted from the flat was heard by the Supreme Court on … Read the full post

McFail

Malik v Fassenfelt & Ors [2013] EWCA Civ 798

The idea that an Englishman’s home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to secure the eviction of trespassers from it. But what if the invaders occupy for long enough to establish their home within the keep? Whose castle is it now? Whose home must the law now protect? [Sir Alan Ward]

This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and … Read the full post