Tag Archive for 'doherty'

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Expanding the Public Law defence, a bit

By NL on 21/12/2008. 4 Comments

What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London Borough of Hillingdon v Collins & Another [2008] EWHC 3016 (Admin). This is what was to have been a CMC in the Administrative Court, but turned, by the nature of circumstances, into a consideration of the scope and boundaries of the post Doherty defence. As we’ve previously noted, the House of Lords in Doherty did little to actually make things clear, so Hillingdon v Collins is an important judgment.

The case involved … Read the full post

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

A Post-Doherty Appeal?

By NL on 17/12/2008. 0 Comments

Doherty v Birmingham CC [2008] 3 WLR 636 left us all wondering about the form and limits of a challenge to summary possession proceedings. My attempt at smuggling proportionality into a public law defence settled, for instance -good for the client, rather frustrating for me.

But now we have  Bedfordshire CC v Taylor & Ors [2008] EWCA 1316 to look foward to. This was an application for permission to appeal to the CoA that started as a defence in the County Court, on Article 8 grounds, to a claim for possession by the LA freeholder against trespassers (apparently on similar, but not identical, facts to Kay v Lambeth). The … Read the full post

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

Notes on Doherty v Birmingham CC

By NL on 30/07/2008. 10 Comments

So, Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57

Well, well, and once more for effect, well. This is a very interesting result indeed, although I use the word result in a non-definite kind of way.

The headline is simple enough, the case was remitted to the High Court for determination of the domestic judicial review issues raised as defence to possession. Court of Appeal overturned. The majority would also have made a declaration of incompatibility in regard to the Mobile Homes Act 1998, if the incompatibility had not already been removed by the passing of the Housing and Regeneration Act. Their Lordships declined … Read the full post

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

Aaargh

By NL on 30/07/2008. 6 Comments

Started on Doherty, but on closer inspection, the Lords have also given me R (On The Application of M) (Fc) V Slough Borough Council and R (On The Application of Heffernan) (Fc) V The Rent Service to deal with, and possibly also Yeoman’s Row Management Limited and Another V Cobbe. All here.

Damn them, damn, damn, damn. Thankfully, the Court of Appeal held off handing down anything of interest – for here at least.… Read the full post

Posted in Benefits, Housing law - All, Possession and Trusts and Estoppel. Tags: , , , , .

Doherty handed down – more later

By NL on 30/07/2008. 3 Comments

Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57

That’s 79 pages of reading to do…

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

Snippets

By NL on 17/05/2008. 0 Comments

A few bits and pieces…

Gilboy v Liverpool CC has a hearing at the Court of Appeal on 19 or 20 May (thanks J and GCN).

Doherty v Birmingham is at the House of Lords later this year, which should be a big test for the legacy, if any, of McCann (thanks J, again)

Rumour is that Southwark are appealing R(Faarah) v Southwark. Not sure I see what the basis of appeal would be, but we’ll see.

The world of housing blogs expands still further and intriguingly, the latest addition is by a homeless officer. The nothing if not literally named A Homelessness Officers Point of View promises to … Read the full post

Posted in Allocation, Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , , , , , , .

The horse's mouth

By NL on 12/07/2007. 0 Comments

I was delighted to see some comments from members of the Community Law Partnership on this blog today, adding to my notes on some of their Court of Appeal cases.

The comments are detailed and very helpful, adding a lot to my scanty commentary, so, for the housing lawyers amongst us, it is well worth reading their comments on my posts on

Shala v Birmingham

Aweys v Birmingham

Omar v Birmingham

and now

Doherty v Birmingham (House of Lords bound, apparently)

And to the CLP people, lovely to see you here, what took you so long? And where is your website?… Read the full post

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