Yorkshire Bank Finance Ltd v Mulhall & anor [2008] EWCA Civ 1156 How long does a creditor who has the benefit of a charging order have to enforce that charge? In particular, if a creditor allows more than 12 years to pass after securing the...
All the blog posts, most recent first
New PRS Report
Ok, I'm angry again. It's really out of character as I'm usually very mild mannered. Here's a question: what do you do if you've paid a group of people over around 10 years to come up with a series of proposals to regulate renting relationships...
Agreements and constructive trust
Parris v Williams [2008] EWCA Civ 1147 was an appeal against an order that Mr Williams had 100% beneficial interest in one of two flats to which legal title was held by Mr Parris. It is of interest because it contains a challenge to the ways in...
Second time around
Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 In March 1987 Mr Foley became the tenant of a property owned by the predecessor in title of the Board. In 2000, the Board sought possession of the property. They contended that Mr...
Mortgage possessions protocol
The Civil Justice Council has finally published the "Pre-action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in in Respect of Residential Property" and have done so with an array of press releases (CJC here, HM...
A cautionary tale
Or the story of the warrant request that wasn't there. Hallam-Peel & Co v London Borough of Southwark [2008] EWCA Civ 1120 is a second appeal from a wasted costs order against Hallam-Peel, a legal aid housing firm, made during stay of warrant...
Social Housing Problem Solved! (not really)
There are supposed to be, currently, 1.6 million families (or 4 million people) waiting for social housing. This is expected to rise. But, in an unexpected perk of the crisis of global capitalism, 335 of those families might get somewhere thanks to...
Addiction, relapse and priority need
Simms v London Borough of Islington [2008] EWCA Civ 1083 is Court of Appeal case from a s.204 appeal. The issue was vulnerability, the Pereira test, and the use of medical evidence. Mr Simms was homeless,sleeping in his car, having lost his home...
Aweys v Birmingham in the Lords date
The hearing of Birmingham's appeal to the Lords from this Court of Appeal judgment is listed for 26 January 2009. No news yet on what it is that Brum are actually appealing and on what grounds.
Gentoo in the news (again)
Gentoo Group Ltd and Peter Walls v Hanratty [2008] EWHC 2328 (QB) is the latest case in the unfortunate saga which comes from the LSVT of Sunderland's entire housing stock to Sunderland HA, now known as Gentoo. When Gentoo took the housing stock,...
Belated and in brief
Also with thanks to Legal Action for this one I had missed (my fault because it dates back to before my illustrious co-bloggers joined NL)... Littlejohn v City of Westminster [2007] EWCA Civ 1562. Court of Appeal permission to appeal on...
Intentional homelessness and badly behaved children
This is somewhat belated - I'd missed these and the court of appeal isn't on Bailii to link to - so thanks to Legal Action for the heads up. White v Southwark LBC [2008] EWCA Civ 792 was an application for permission for a second appeal from a...