The 59th update to the CPR comes into force on October 1, 2012 and, importantly, it brings in a raft of new practice directions for appeals. For we housing lawyers, page 81 of this document sets out the position for s.204 appeals. The appellant...
All the blog posts, most recent first
Article 8 and Possession
The ECtHR's recent decision in Buckland v UK [updated link to amended judgment 5 October 2012] demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become. In one sense, the outcome was fairly predictable...
The JP, the BBC trainee and the Unlawful Eviction
An unlawful eviction case with some unusual dramatis personae. Rebecca Claire Webb v Samina Amreen Birmingham County Court 31 August 2012 [Unreported elsewhere] Ms Webb was the assured shorthold tenant of Ms Amreen, for a 6 month term from...
Survivorship and succession
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 We reported this case in the Court of Appeal here. Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out...
Squatting: The MoJ Guide
We have had a lot to say about squatting. In fact those of you who are quick may even be able to see one of the authors of the blog on television talking about it today! With the new legislation criminalising squatting due to come into force at the...
The Deposit Alignment
Johnson v Old, Brighton County Court We have not yet written about this case even though the first instance decision was reported in Legal Action. As it turns out this has been useful as the original decision, as written up in Legal Action has been...
JL and the Second Bite of the Cherry
Our previous report on the possession claim in Defence Estates v JL and another [2009] EWHC 1049 (Admin) can be found here. There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence...
Injunctions for accommodation, judicial review and prospects of success
This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim R (on the application of Bates) v Barking & Dagenham LBC (2012) QBD (Admin) 17 August 2012 [Note of extempore judgment on Lawtel]...
Suitability. On expired beds and shared bathrooms
Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold 'Housing and Public Law' blog about a settled Judicial Review that highlights this issue. The...
Shut that (undemised) door!
Is the Occupiers' Liability Act 1957 still relevant in a landlord & tenant relationship, or not? Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048 This was an appeal, decided within a few days of...
Mind the Step 2 – The bannister that wasn’t
This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited...
Judicial Office and Blogging
This is a little off topic, but it is an issue that would affect Nearly Legal and some of its readers. It is also an issue that affects legal blogging more generally. The Senior Presiding Judge and the Senior President of Tribunals have issued...