Tag Archive for 'settlement'

A comedy of errors

By NL on 22/01/2011. 0 Comments

Following on from David’s sort of disrepair related post below, here is another one – not directly a disrepair matter but bearing on terms of settlement. It is either quite significant or something of a farce of bad drafting, bad decisions and windfall chasing. As will become clear, I lean towards the second option…

RH v North Tyneside Council v Secretary of State for Work and Pensions (HB) [2010] UKUT 462 (AAC)

This was a housing benefit appeal, indeed the second HB appeal related to this matter. The tale is best told chronologically.

RH was a tenant of a landlord (LL) between 24 November 2006 to 18 January 2008 under … Read the full post

Posted in Benefits, Disrepair, FLW case note and Housing law - All. Tags: , .

An offer you can refuse*

By NL on 01/07/2010. 3 Comments

*but it remains open.

Not a housing post per se, but this case concerns Part 36 offers which are a vital tool in any disrepair or nuisance claim or counterclaim, so worth a brief note for practitioners.

Gibbon v Manchester City Council [2010] EWCA Civ 726

Two joined appeals on the issue of the construction of CPR Part 36:

In Gibbon, Machester had made an offer of £1,150 in settlement. G rejected that and offered £2,500. Manchester thereafter offered £1,500, the £2,500. G rejected both offers. Manchester then formally accepted G’s initial offer of £2,500 which had not been formally withdrawn in the interim. G then purported to withdraw … Read the full post

Posted in Disrepair and Various (non-housing). Tags: , .

Underhand but not abusive

By NL on 12/03/2010. 0 Comments

Andrew Henley v Shelly Bloom [2010] EWCA Civ 202

This was a second appeal to the Court of Appeal of a first instance decision that Mr Henley’s claim for disrepair against his former landlord, Ms Bloom was an abuse of process, the first appeal to a Circuit judge having been dismissed.

The brief facts: Mr H was the tenant of a basement flat since about 1986. Ms B was the landlord from about 2001, when she acquired the freehold of the property, later just retaining a lease of the basement flat.

In October 2002, Brighton Council served notices stating that it was minded to serve formal notice requiring repairs, including … Read the full post

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

Caravan sites and Tomlin orders

By NL on 21/05/2008. 1 Comment

A couple of interesting permission to appeal hearings have appeared on Bailii. Permission granted in both cases for Court of Appeal hearing.

Lee v Rhondda Cynon Taff County Borough Council [2008] EWCA Civ 523 concerns whether a Local Authority should have considered the acquisition of a plot for a caravan in the context of a review of an offer of ‘suitable’ accommodation following assumption of housing duty to a homeless Romany Gypsy.

City of Westminster v Man [2008] EWCA Civ 532 arose out of a claim for unpaid service charges. It concerns whether a Tomlin Order, staying the proceedings, means that an earlier order for costs in the proceedings, not … Read the full post

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