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Orlic v Croatia [2011] ECHR 974 (Application no. 48833/07) [Link to rtf file] This is a European Court of Human Rights First Section decision on an article 8 case. Although not of immediate application, it is a useful restatement of the principle...
As visitors to the site may have noticed, I've made a few changes (and apologies to anyone who visited on Sunday and got 4 or 5 different and rapidly changing versions of the site). The problem was that having 10 full posts on the front (and...
Southall Court (Residents) Ltd v Tiwari and another [2011] UKUT 218 (LC) will, I suspect, become a bit of a landlord favorite case over the next few years as it contains two passages that they're likely to be rather pleased about. Southall Court is...
Hammersmith and Fulham LBC v Forbes Willesden County Court 14 April 2011 While we are on County Court proceedings based on drugs and nuisance (see the previous post), this is a possession case following closure orders and allegations of dealing....
Barking & Dagenham LBC v Bakare, Imevbore & Imevbore. Romford County Court 14/03/2011 HHJ Platt [unreported elsewhere] A county court case, but one with some interesting issues. Also a cautionary tale on being able to actually provide...
Zinda v Bank of Scotland [2011] EWCA Civ 706 In short, as you all know, the combined effect of ss.36 and 8, Administration of Justice Acts 1970 and 1973 is to allow a court hearing a claim for possession based on mortgage arrears, to, amongst other...
So there we are - the Legal Aid bill, helpfully called the Legal Aid, Sentencing and Punishment of Offenders Bill, lurched into the light today, accompanied at the same time by the Consultation response [at the bottom of the page]. Some of us saw...
We have previously posted on amendments to the Localism Bill tabled in Commons committee which would have had the effect of rewriting the tenancy deposit protection provisions in the Housing Act 2004. The changes were designed to reset the position...
Ok, this really is a short note. The Residential Property Tribunal Service (those nice people who run LVTs, RACs and RPTs) have announced that, from July 1, 2011, they will be administered by HM Court and Tribunal Service and that, from Spring...
[Edit NL 21/6/2011. Owing to some enthusiasm by contributors and an evening off editing by me, we have two reports on this case done on the same evening. I've kept both because they present interestingly different approaches to the issues in this...
NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683 This is a commercial leasehold case, but it is the first significant case on the meaning of 'vacant possession' since about 1946 and is of general application, so here it is. NYK was...
Southwark LBC v Barrett Bromley County Court 18/03/2011 A County Court Pinnock case. Unsuccessful but interesting in that it was a transitional case, commenced before the Pinnock judgment, and to the extent that it shows the court using the...