Despite most of our concerned glances at the various mortgage rescue schemes set up by the New Labour government (see NL's review of Darling's Keynesian Splurge), Pickles' decision to review those schemes announced pretty much as soon as he began...
All the blog posts, most recent first
Co-ops, equity and void leases
Berrisford v Mexfield Housing Co-Operative Ltd [2010] EWCA Civ 811 We reported on the High Court appeal in this case here. By the time it reached the Court of Appeal it had turned into quite a different case altogether. At the High Court, Ms...
Serving no useful purpose
In R(C) v Nottingham City Council [2010] EWCA Civ 790 (available through the Chief's mystical powers and Lawtel [and now also on BAILII]), the Court of Appeal was faced with a substantive issue in relation to the children leaving care provisions of...
Intention, intention, intention
Wright v Wright [2010] EWHC 1808 (Ch) is a near perfect example of a fundamental principle of property law, which we tutors seek to ingrain into our students (mostly, it must be said, with limited success, having looked at hundreds of exam...
Not fixing a hole where the rain gets in…
Horridge (t/a Newford Parts Centre) v Downshire House (Reproductions) Ltd [2010] EWCA Civ 777 Continuing a brace of nuisance cases, we have this appeal from a split trial on liability on a nuisance claim. The properties involved are both commercial...
Landlord liability for nuisance
The extent to which a landlord can be liable for the acts of his tenants is a vexed topic, which we've discussed on a number of occasions before. The cases rather lean against liability. It is, therefore, very interesting to find Mackay J allowing...
A plea to Internet Explorer 6 users
Are you using Internet Explorer 6 to look at this site? Apparently about 22% of you are. (If you are not sure, click on 'help' in the menu, then 'About Internet Explorer', Does it say 'version 6.xxxx'. There you go). If you are using Explorer 6,...
Well, You Needn’t*
Poplar Housing and Regeneration Community Housing Association Limited (Poplar Harca) v Stephen Howe [2010] EWHC 1745 (QB) When we reported on Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) two weeks ago, we noted that another...
Illegal eviction and the police
Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010) The tendency of the police to be utterly useless in cases of unlawful eviction has been a recurrent motif on Nearly...
Delays, Public Law Defences and Suspended Orders
London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774 While we wait for the Supreme Court decision in Pinnock, which was heard last week, it seems that the Court of Appeal is determined to set practical limits on the operation of the public...
Damages or Restitution
Shi v Jiangsu Native Produce Import & Export Corp [2009] EWCA Civ 1582 (06 October 2009) While perusing our new copy of Legal Action here at Nearly Legal Towers we came across the above case which we had not previously spotted so it is presented...
A charge for credit isn’t credit
Southern Pacific Securities 05-2 Plc v Walker & Anor [2010] UKSC 32 A brief note on this case, which concerned the enforceability of a credit agreement secured on the Walker's property. Our report on the Court of Appeal decision is here, and...