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Just a quick note on the Admin Court decision in Gilboy, R (on the application of) v Liverpool City Council & Anor [2007] EWHC 2335 (Admin). The Anti-Social Behaviour Act 2003 modifies Housing Act 1985 and 1996 to allow a secure tenancy to be changed to a...
Right then, Harouki v Royal Borough of Kensington & Chelsea [2007] EWCA Civ 1000. The scene in a nutshell. A statutorily overcrowded household, in terms of Part 10 of the Housing Act 1985, s.326, which gives rise to a criminal offence under s.327 A homeless...
Mr Justice Munby has issued a stern statement on the use and abuse of ex-parte injunction applications to the Administrative Court in R (Lawer) v Restormel Borough Council [2007] EWHC 2299 (Admin). Covering failure to use the Pre-Action Protocol,...
[Edit Feb 2008 - Richmond have been given permission to appeal this judgment to the House of Lords. No date yet.] An interesting situation, if perhaps an increasingly common one, has just been set out in the Court of Appeal case of Holmes-Moorhouse v London...
This is more of a question than a post, a question on a problem that I think I understand, but that I hope has a better conclusion than the one I've got to. The issue is when can a new tenancy be effectively said to have arisen after a Suspended Possession...
[Edit 26 October 2007. Update on this story here] Given my unusual, if not exceptional, melding of experience in law and contemporary art practice, I ought to have jumped at the news that Plod were investigating a photo by Nan Goldin, Klara and Edda Belly...
I was, to put it demotically, gobsmacked by the content of a 'warning' from the Equal Opportunities Commission that the Employment Tribunal system is creaking under the weight of claims brought by those naughty 'no win no fee' solicitors. When they have...
I am indebted to Victorian Maiden (QC) at Ruthie's Law for the news that Bruce Hyman is to be sentenced tomorrow, 19 September. He may make history as the first barrister for 800 years to be sent to prison for perverting the course of justice. Hyman's...
I posted on Lewisham v Malcolm ten days ago. Since then a couple of commentors have raised issues and Tessa has posted on the implications of the case at Landlord Law. So it seemed worth a further look. The caveat is that what follows is my understanding of...
I've been meaning to post on this for a while and have been prodded into life by quite a few searchers on the topic. The reason I've been delaying is that, frankly, it is a bit of a sod. Unlike the carefully calculated, quantified, actuarialised and...
A few more details on R(Southwark Law Centre) v Legal Services Commission [2007] EWHC 1715 (Admin), which I mentioned a few days ago. First, it is worth noting that Mr Justice Collins effectively said that 'net rent' for the purposes of the LSC entitlement...
Time for some substantive law at last. I missed this one while I was on holiday and have just had it brought to my attention. LB Lewisham -v- Malcolm & Disability Rights Commission (Intervener) [2007] EWCA Civ 763. A very interesting case on the...