More results...
Doherty v Birmingham CC [2008] 3 WLR 636 left us all wondering about the form and limits of a challenge to summary possession proceedings. My attempt at smuggling proportionality into a public law defence settled, for instance -good for the client,...
In CDS Housing v Bellis [2008] EWCA Civ 1315, the Court of Appeal in a short judgment upheld a possession order made in favour of the Claimant housing association against Mr Bellis, a secure tenant, who suffered from serious delusions. Mr Bellis...
Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association [2008] UKHL 70 - for anyone who hasn't read it yet. There is lots to unpick here, so I'll go case by case. It is made easier by there being...
From 5th January 2009 — in England at least — we will all be faced with a new beast the "Family Intervention Tenancy", previously alluded to by my colleague J. Since the last significant piece of the legal jigsaw was completed when the rules for...
AC, R (on the application of) v Birmingham City Council [2008] EWHC 3036 (Admin) was a judicial review which concerned funding for an illegal overstayer and her family under s.17 Children Act 1989, although it would also apply for s.20 funding. The...
Earl Cadogan and other v Pitts and another; Earl Cadogan and another v Sportelli and another [2008] UKHL 71 Enfranchisement is the process whereby leaseholders can force their freeholder to sell them the freehold of the property. The Leasehold...
A reminder, if one was needed, of the perils and pitfalls of constructive trust cases can be found in Elithorn v Poulter & Others [2008] EWCA Civ 1364 The problems in this case were not just the confused and confusing evidence (not only that of...
Please welcome to the naughty step the head of housing for Norwich City Council, Kristine Reeves, along with other council officers. Why? Some pernicious housing policy or dodgy choice based letting scheme? No. Ms Reeves took a rather more personal...
Morshead Mansions Ltd v Leon Di Marco [2008] EWCA Civ 1371 Service charges. Much more interesting than tolerated trespassers. Honestly. Sections 18 - 30 Landlord and Tenant Act 1985 contain a detailed regulatory framework for service charges in...
For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about 11 am at the Housing Law Conference Jan Luba QC announced the result of Knowsley HT v White, Honeyghan-Green v...
So, the Housing Law conference is tomorrow, 10 December, and I suspect a swathe of the Nearly Legal contributors will be there. I will, anyway. Naturally this coincides precisely with the House of Lords handing down one of the more significant...
I am strangely and unaccountably late with this one - I can only presume it was released late by Bailii and it was August anyway. But finally, here is R(M) v Barnet LBC [2008] EWHC 2354 (Admin), a judicial review on a decision to assist a 17 year...