The Law Commission is currently consulting on what projects it might take on under its next law reform programme. It has a few specific suggestions in relation to landlord and tenant law and is seeking evidence (particularly about how far they have...
Shared ownership, Art 8 and A1P1
The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other...
Intention and resulting trusts
Chaudhary v Chaudhary (not on bailii yet but on lawtel) is something of a puzzle, which hopefully will be solved when we see the full transcript (hint, hint). It may be important, but it's a little early to say. The one thing about it that isn't a puzzle is...
Regulatory dilemmas
The Regulatory Committee of the HCA has published Protecting Social Housing Assets in a More Diverse Sector, which is styled as a discussion paper, but which also contains some thought-provoking questions about how regulation can and should work in a much...
In the teeth of it …
In El-Dinnaoui v Westminster CC [2013] EWCA Civ 231, the Court of Appeal found that the offer of a flat on the 16th floor of a block to a household which contained a person with fear of heights was perverse. The offer of accommodation was "in the teeth" of...
A brief interlude: The gov.uk disaster
While my NL colleagues are reporting hard law and dealing with lots of important stuff, with so much more to come, I have but a mere puff to offer for a Friday afternoon. It's about the new government website to which departments, including DCLG, have (or...
JR, the rule of law, and administrative justice
According to Cameron, there is a need to restrict the right to judicial review to ensure the country's economic competitiveness. As he put it, judicial review should, therefore, cost more, have shorter deadlines, and fewer rights of appeal. This is so that...
A cautionary tale
In R(Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin) [not on Baili yet, but apparently on Lawtel], the Divisional Court signalled its intention to get much tougher on out of hours administrative court applications to the duty...
Express/Constructive trusts: Oh dearie me!
Maybe I've been doing this job too long but there are some things which just seem so obvious to me. I know that the common intention constructive trust is really interesting - empirically as well as in law - but you can't just jump straight in. Pankhania v...
Estoppel and unconscionability
In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of...
Housing Ombudsman consultation
One of the less well-remarked upon changes in the Localism Act 2010 was a set of radical changes to the role of the Housing Ombudsman (the current incumbent being the lovely Mike Biles). In short, the HO takes over jurisdiction for local authority housing...
Go West
A short note to pass on some exciting news for West Country readers: if you were unaware (as I was until my very wonderful Head slapped the press release on my desk), the Administrative court starts in Bristol in the w/c 5th November 2012. I heard that...