Tag Archive for 'McCann'

“Responding to Human Rights Judgments”, or then again, not.

By NL on 08/08/2010. 0 Comments

The latest Government response to the Joint Committee on Human Rights report 2009/10 has been released. The PDF of the response is available here. This is the response of the current Government and they make clear that it is to a report prepared under the previous government. But in terms of the actual response, I suspect this makes little difference, save perhaps on Connors.

Of interest to housing lawyers are the JCHR findings and the Government response on McCann and Kay v UK, Connors and implementation of s.318 Housing and Regeneration Act 2008, and Schedule 15 Housing and Regeneration Act 2008 in relation to the incompatibility in Morris … Read the full post

Posted in FLW article, Homeless, 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: , , , , , , .

Gilboy redux

By NL on 02/07/2008. 0 Comments

Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 is the appeal from the Judical Revew decision noted in this previous post.

The appeal, was by general consent, on one issue alone. Does the internal review procedure for reconsideration by local housing authorities of a decision to terminate a demoted tenancy established by sections 143E-143F of the Housing Act 1996 and the Demoted Tenancies (Review of Decisions (England) Regulations 2004 violate Article 6 of ECHR?

My previous notes contain the meat of the issue. The argument, extended from the High Court Tsfayo issues, was that the availability of Judicial Review could not … Read the full post

Posted in FLW case note, Housing law - All and Introductory and Demoted tenancies. Tags: , , , , .
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