Tag Archive for 'natural justice'

ASBO in absentia

By J on 16/11/2009. 6 Comments

M v Burnley, Pendle & Rossendale Magistrates’ Court [2009] EWHC 2874 (Admin) (on Lawtel only)

The claimant were two brothers, aged 13 and 14. They were subject to ASBOs which prohibited them from engaging in certain anti-social behaviour in the borough of Pendle. With seven months of the ASBO still to run the family moved to another area and the police (who appear to have obtained the original ASBO) applied to vary the geographic scope of the order.

The brothers instructed a solicitor who appears to have attended the first hearing of the variation application on their behalf. The application was opposed and a trial date set for December 2008.… Read the full post

Posted in ASB, FLW case note and Housing law - All. Tags: ASBO, natural justice, variation.

Surely your best point is…

By J on 10/08/2008. 2 Comments

Swanlane Estates Ltd v Woods and others LRX/159/2007 (.pdf)

This case concerns the not uncommon situation of a court or tribunal (in this case, a Leasehold Valuation Tribunal) taking a point which the applicant / claimant had not expressly pleaded and the respondent / defendant then losing the case on that very point.

Mr Wood and a number of his fellow leaseholders applied to the Leasehold Valuation Tribunal (LVT) for a determination of their service charge liabilities for the years 2004 – 2007. The extent of the challenge was described as “request fully detailed itemised dated of each charge on list (this had not been forthcoming) assess what should be … Read the full post