Tag Archive for 'doherty'

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Not seriously arguable

By NL on 13/07/2009. 5 Comments

Another case on post-Doherty public law defences was handed down on Friday. Stokes v London Borough of Brent [2009] EWHC 1426 (QB) concerned an appeal summary possession order made against a traveller in unlicenced occupation of a plot on a Brent traveller’s site.

Ms Stokes had lived at her mother’s plot on the site and had been on the waiting list. She moved onto a plot which contained a site office on part of it, but was not used as a caravan site, in about January 2007. In April 2007 Brent wrote to say that her trespass would not be tolerated. However, in October 2007, Brent wrote to say … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , , , , .

Kay re-stated

By NL on 23/06/2009. 1 Comment

And the question of what Doherty actually means rumbles on.

Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 was the Court of Appeal hearing of an appeal from a Circuit Judge’s decision to make an outright possession order and, in particular, to refuse to make findings of fact as a basis for an appeal based on Article 6. The appeal had a complicated history, the original decision was made before Doherty in the Lords was handed down and the grounds for appeal prepared in anticipation of the Lords decision, then revised afterwards from being based in the minority decision in Kay to argue a Doherty gateway B … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

Public Law Defence – an arguable case

By NL on 01/04/2009. 6 Comments

McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285 was an appeal of a summary possession that had been stayed pending Doherty in the Lords.

Mr McGlynn was granted a non-secure tenancy by Welwyn in 2000, in pursuance of homelessness obligations under Part VII HA 1996. The tenancy was therefore terminable by Notice to Quit and Welwyn served NTQ in 2004 and possession proceedings in April 2005. Summary possession followed in December 2005, set aside on appeal to CJ in August 2006 on the basis that it was seriously arguable that the LA had exercised its powers improperly. At renewed hearing before a DJ, the Defendant argued that the … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , , .

The difference in Doherty?

By NL on 04/03/2009. 7 Comments

A Court of Appeal judgment expressly dealing with a post Doherty public law defence to termination of licence by Notice to Quit was handed down today. Doran v Liverpool City Council [2009] EWCA Civ 146 concerned a possession claim for a plot on a local authority travellers’ site.

Liverpool served Notice to Quit on the basis of alleged breach of licence conditions by ASB abd other breaches. The claim was defended on the basis that the allegations were denied or contested and that there was a public law defence to the decision to issue Notice to Quit. At County Court, summary judgment was granted, abeit that the judgment isn’t entirely … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

Ask and ye shall receive

By J on 27/01/2009. 14 Comments

Yesterday evening I asked for more information about Dixon v Wandsworth LBC (No 2) [2009] EWHC 27 (Admin) and, by the next morning, two copies of the transcript had made their way to my inbox. My gratitude to The Chief and to William Flack of Flack & Co, who are acting for Mr Dixon. Without wanting to get too carried away, this looks like it could be a significant case and I’m going to deal with it in some detail.

The facts

In April 1993 Mr Dixon (then aged 17) and his sister became the joint secure tenants of Wandsworth at a 2 bed flat in SW11. In October 2005, … Read the full post

Posted in ASB, FLW case note, Housing law - All, Licences and occupiers, Possession and secure-tenancy. Tags: , , , , , , , .

Desperately Seeking Dixon

By J on 26/01/2009. 5 Comments

Garden Court chambers have a note of a case called Dixon v Wandsworth LBC [2009] EWHC (Admin) 27. It isn’t on Bailii, Lawtel or Casetrack. I know that some Garden Court people read this blog and if anyone has more information about it (or a transcript) please let us know.

Mr Dixon and his sister were joint secure tenants of LB Wandsworth. His sister gave NTQ and left the property. LB Wandsworth then obtained a possession order. Mr Dixon applied to set aside the order or to prevent execution of the warrant on the basis that the rule in LB Hammersmith & Fulham v Monk [1992] 1 AC 478 violated … Read the full post

Posted in ASB, Housing law - All, Possession and secure-tenancy. Tags: , , , , , , .

In passing…

By NL on 21/01/2009. 0 Comments

A couple of quick notes from the HLPA meeting this evening.

Aweys v Birmingham is listed for the Lords next week (homeless at home and allocation policy differences in priority between homeless at home and those with no accommodation available, as if you didn’t already know).

There were mentions of a handful of post-Doherty public law defence cases that have settled, although terms weren’t detailed. While we wait for Bedfordshire CC v Taylor and others (former subtenants) and McGlynn v Welwyn & Hatfield DC (non secure tenancy) in the Court of Appeal, which will be a couple of months for the latter and who knows when for the former, … Read the full post

Posted in assured-tenancy, Homeless, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .
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