Trouble out west

In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court?  Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. […]

Deciding without a decision

R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014 [Lawtel note, no transcript yet] This judicial review is possibly one for the ‘what were they thinking?’ pile. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided […]

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 […]

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. […]

Gateway B and Equality Act – summary hearing?

A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as being untested at trial). Leicester Housing Association Ltd v Armstrong. Leicester County Court 5 March 2013 [Not published […]

Shared ownership, Art 8 and A1P1

The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership.  Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other types.  In Ker v Optima Community Association [2013] EWCA Civ 579, the Court of […]

Article 8 success in the County Court

This was a failed succession case where an article 8 proportionality defence was, at least in part successful. Our thanks to Legal Action ‘Recent Developments in Housing Law’ January 2013 for bringing it to our attention. Affinity Sutton Homes Ltd v Cooper. Bromley County Court 17 October 2012 Mr Cooper senior was a secure tenant […]

Request for information

[Updated 20/12/12. See below] There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession… Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore judgment on Lawtel] From the note it appears that Ms Evans was the […]